§ 11-26. Public nuisance defined.

(a)

As used in this article, the term "public nuisance" shall mean any act, thing, occupation, condition or use of property which shall continue for such length of time as to:

(1)

Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.

(2)

In any way render the public nuisance in life or in the use of property or in the value thereof.

(3)

Constitute obscenity under state law.

(4)

Unlawfully and substantially interfere with, obstruct, or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.

(b)

Public nuisances shall include but not be limited to the following acts, conduct, omissions, conditions or things:

(1)

All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;

(2)

Carcasses of household pets or other animals not buried or otherwise disposed of in a sanitary manner within 24 hours after death;

(3)

Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing materials, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rodents or other vermin may breed or may reasonably be expected to breed or which is unsightly and may be reasonably expected to adversely affect the market price or marketability of property in the vicinity thereof;

(4)

All stagnant water in which mosquitoes, flies or other insects can multiply;

(5)

Garbage and refuse containers which are not flytight;

(6)

All noxious weeds and other rank growth or vegetation, including unmowed grass or weeds having a height of at least 12 inches;

(7)

The escape of smoke, soot, cinders, noxious acids, fumes, gasses, fly ash or industrial dust within the city limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;

(8)

The pollution of any public well or cistern, stream, lake, canal, body of water or storm sewer by sewage, creamery or industrial wastes or other substances;

(9)

Any use of property, substances or things within the city emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the city;

(10)

Any building or structure which is uncompleted and abandoned, deteriorated, dilapidated or extremely unsound, and endangers the health and safety of the public;

(11)

Any inoperable or abandoned vehicle which exists in violation of any of the provisions of section 11-40-3 of the Illinois Municipal Code (Ill. Rev. Stat. ch. 24, ¶ 11-40-3), the provisions of which the city hereby adopts; for purposes of this subsection, the term "inoperable motor vehicle" shall include any motor vehicle without a currently valid registration or without currently valid license plates, but shall not include a motor vehicle which has been rendered, temporarily for less than 30 days, incapable of being driven under its own motor power in order to perform ordinary service or repair operations;

(12)

Any vehicle regularly parked on private property except on a weed-free surface made of gravel, crushed stone, asphalt or Portland cement concrete, and otherwise lawfully parked on the property;

(13)

Garbage dumpsters located on a public way unless the dumpster is owned, leased or under the control of the city;

(14)

Keeping or maintaining within the city any livestock, including swine, sheep, cattle, horses, mules, goats or poultry;

(15)

Erecting, keeping or maintaining within the city any fence consisting in whole or in part of barbed wire or having any barbed wire attached thereto, unless such barbed wire, at its lowest point, is at least six feet above the surface of the ground; and

(16)

Such other actions, conducts, omissions, conditions or things defined or specified as nuisances or as public nuisances in the common law, by ordinance of the city, or by the laws and statutes of the state.

(Code 1966, §§ 17.10, 25.01; Ord. No. 85-O-033, § 1, 10-21-85; Ord. No. 90-O-040, § 1, 7-16-90)

Cross reference

Definitions and rules of construction generally, § 1-2.