§ 91.01 ENACTMENT.
There is enacted for the public health, welfare and safety, the following nuisance regulations.
(Ord. 533, passed 4-20-87)
§ 91.02 DEFINITION.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC NUISANCE. A thing, act, 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 insecure in life or in the use of property;
(3) Greatly offend the public morals or decency; or
(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.
(Ord. 533, passed 4-20-87)
§ 91.03 MAINTAINING PUBLIC NUISANCE PROHIBITED.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the city limits.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
CONDITIONS OF PUBLIC NUISANCE
§ 91.15 PUBLIC NUISANCES AFFECTING HEALTH.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of § 91.02:
(A) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
(B) Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
(C) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed, or which constitute a fire hazard.
(D) All stagnant water in which mosquitoes, flies or other insects can multiply.
(E) Garbage cans that are not fly-tight.
(F) The escape of smoke, soot, cinders, noxious acids, fumes, gases, 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.
(G) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances.
(H) Any use of property, substances or things within the city emitting or causing any foul, offensive, noisesome, 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;
(I) Any barn, stable, yard, shed, pen or other place where animals or fowl are kept which is not maintained in a clean condition; or any animals or fowl which because of disease, unsanitary conditions, odor or noise, discomfort or injure the health or well being of residents of the city.
(J) All abandoned wells or cisterns not securely covered or secured from public use.
(K) All noxious weeds defined by Ill. Rev. Stat. Ch. 18, or in this chapter.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99 § 91.16 PUBLIC NUISANCES OFFENDING MORALS AND DECENCY.The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 91.02:
(A) All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.
(B) All gambling devices and slot machines.
(C) All places where intoxicating liquor or fermented malt beverages are sold, possessed stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this code or by state statute.
(D) Any place or premises within the city where city ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
(E) Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of laws of the state, this code or any other ordinances of the city.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
§ 91.17 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of § 91.02:
(A) All buildings erected, repaired, or altered within the fire limits of the city in violation of the provisions of the ordinances of the city relating to materials and manner of construction of buildings and structures within that district.
(B) All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic-controls devices placed or maintained upon or in view of any public highway or railway crossing.
(C) All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
(D) All limbs of trees which project over a public sidewalk less than eight feet above the surface thereof or less than ten feet above the surface of a public street.
(E) Any use or display of fireworks except as provided by the laws of the state and ordinances of the city.
(F) All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human use.
(G) All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground.
(H) All loud and discordant noises or vibrations of any kind.
(I) All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the city or which, although made in accordance with such ordinances, are kept or maintained for unreasonable length of time after the purpose thereof has been accomplished.
(J) All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
(K) All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing with the strength of a small child.
(L) Any structure, material or condition which constitutes a fire hazard or will impair extinguishing a fire.
(M) Any unauthorized or unlawful use of property abutting on a public street, alley, or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
(N) Any nuisance described in the state statutes.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99 § 91.18 OPEN BURNING.
§ 91.19 PERMITTING OR DEPOSITING GARBAGE OR DEBRIS ON PROPERTY.
No person shall permit rubbish, trash, garbage, or other debris to remain on their property when, by so doing, same becomes a nuisance, or hazard to the enjoyment of other citizens of this city of their property or their life. No person shall deposit any garbage or other debris on the property of others, nor shall it be burned in the city.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
WEEDS
§ 91.30 PERMITTING WEEDS TO GROW PROHIBITED; NUISANCE.
Any weeds such as jimson, burdock, ragweed, thistle, cockleburr or other weeds of a like kind, found growing in any lot or tract of land in the city are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in any such place.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
§ 91.31 HEIGHT.
It shall be unlawful for anyone to permit any weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants to grow to a height exceeding 12 inches anywhere in the city, any such weeds, grass or plants exceeding the height are hereby declared to be a nuisance.
(Ord. 533, passed 4-20-87) Penalty, see § 91.99
§ 91.32 NOTICE TO REMOVE; ABATEMENT.
It shall be the duty of the police to serve or cause to be served a notice upon the owner or occupant of any premises on which weeds, grass or plants are permitted to grow in violation of the provisions of this section and to demand the abatement of the nuisance within ten days and if not thus abated to institute abatement as in this chapter provided.
(Ord. 533, passed 4-20-87)
ABANDONED VEHICLES
§ 91.45 DEFINITIONS.
(A) For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INOPERABLE MOTOR VEHICLE. Any vehicle on any public place for a period of time which the engine, wheels, windshield, rear window, doors or other parts have been removed, or in which the engine, wheels, windshield, rewa window, doors or other parts have been altered, damaged, wrecked, dismantled, deteriorated, or otherwise so treated that the vehicle is incapable of being safely driven under its own motor power, or does not display a current, valid registration or on any property in view of the general public for a period of seven days or more, for which the engine, wheels, windshield, rear window, doors, or other parts have been altered, damaged, wrecked, dismantled, deteriorated, or otherwise so treated that the vehicle is incapable of being safely driven under its own motor power, or does not display a current, valid registration; provide, that this definition shall not be construed to include any motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary services or repair operations by a person engaged in a business of performing such ordinance services or repairs and the vehicle is located on the property where the business is located, nor to any motor vehicle that is kept entirely within a building when not in use or to a motor vehicle on the premises of a duly licensed place of business engaged in towing, repairing, wrecking or junking of motor vehicles.
PROPERTY. Any private property within the city which is not a street, highway or alley and which is not owned by the city.
PUBLIC PROPERTY. Any property owned by the city including any property leased to the city.
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is opened to the use of the public for purposes of vehicular travel. This shall include all of the right-of-way owned by the municipality in any thoroughfare, street, highway or alley.
VEHICLE. All motor vehicles and trailers, including, but not limited to, automobiles, trucks, travel trailers, campers, motor homes, tent trailers, boats, boat trailers, snowmobiles, snowmobile trailers, and camping trailers.
(B) All other words and phrases used herein shall be defined as the definition for that word as provided in ILCS Ch. 625, Act 5, § 1 et seq., (as amended).
(Ord. 533, passed 4-20-87; Am. Ord. 653, passed 9-5-95; Am. Ord. 884, passed 4-18-11)
§ 91.46 ABANDONMENT OF VEHICLES.
(A) The abandonment of a motor vehicle or any part thereof on any street, highway, alley or other public way or public property in this municipality is unlawful and subject to penalties as set forth herein. Any police authority of the city or acting on behalf of the city or any member of any such police authority’s force or department is hereby authorized to remove a vehicle from a street, highway, alley, or other public thoroughfare or public property, to the nearest garage or other place of safety or to the garage designated or maintained by the city under the circumstances hereinafter enumerated:
(1) When any vehicle is left unattended upon any bridge viaduct or causeway, where such vehicle constitutes an obstruction to traffic.
(2) When a vehicle upon a highway, street or alley is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
(3) When any vehicle is left abandoned or unattended upon a street, highway, other public thoroughfare or alley, and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
(4) When any vehicle is left abandoned or unattended upon public property for over 24 hours.
(5) Immediate removal from the street or highway, or private property adjacent to the highway when any vehicle left abandoned, unattended, wrecked, burned or partially dismantled is creating a traffic hazard because of its position in relation to a street or highway or its physical appearance is causing the impeding of traffic.
(B) No person shall abandon any vehicle within the city and no person shall leave any vehicle at any place within the city for such time and under such circumstances as to cause such vehicle to reasonably appear abandoned. Further, no person shall leave any partially dismantled, inoperable, wrecked or junked vehicle on any street or highway or other public property. Any vehicle so left may be removed by the city through its lawful police force or by any police force acting on behalf of the city whenever any such vehicle is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic or is left unattended for over 24 hours.
(C) The abandonment of a vehicle or any part thereof on private property in view of the general public is unlawful except on property of the owner or bailee of such abandoned vehicle or any part thereof. A vehicle or any part thereof so abandoned on private property shall be authorized for removal by any police authority of the city or acting on behalf of the city after a waiting period of seven days from the time the abandoned vehicle or any part thereof was first made known to the police authority.
(D) No person shall leave any inoperable motor vehicle on private property for a period longer that seven days unless such inoperable vehicle is kept within a building when not in use, is a historic or antique vehicle as such vehicles are defined in ILCS Ch. 625, Act 5, § 1-102.1, (as amended), or such vehicle is on the premises of a place of business engaged in the wrecking or junking of motor vehicles and such business is duly licensed by the state and city, if applicable, to engage in such business. Any vehicle so left, whether on public or private, property, is declared a public nuisance. Any police authority of the city or acting on behalf of the city seven days after the existence and location of the inoperable motor vehicle has been brought to the police authority’s attention, may serve notice upon the owner or occupant of the property upon which the inoperable motor vehicle is located to remove and dispose of said vehicle. If the inoperable motor vehicle is not removed within seven days after receiving notice by certified mail, or service of process as provided by law, the property owner, or occupant, or both, will be responsible for all towing charges, storage charges, court costs and attorney fees, incurred by the city and shall be deemed to be in violation of this subchapter and may be fined by a court of competent jurisdiction for failure to obey the notice and dispose of the inoperable motor vehicle.
(E) The provisions of this subchapter and remedies provided herein are cumulative with and non-exclusive in accordance with the applicable provisions of the Illinois Compiled Statutes.
(Ord. 533, passed 4-20-87; Am. Ord. 653, passed 9-5-95) Penalty, see § 91.99
§ 91.47 REMOVAL OF ABANDONED, UNATTENDED OR INOPERABLE VEHICLES.
(A) The city police, or any police authority acting on behalf of the city to enforce this subchapter, is hereby authorized to remove any abandoned, unattended or inoperable vehicle in violation of the provisions of this subchapter. The police authority authorizing the towing shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number, license plate year and number and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing, and the name of the police authority authorizing the tow. If the vehicle is removed from private property, the police authority authorizing the tow shall provide a written notice and serve same on the occupant of the real estate premises upon which the vehicle is located, if there is an occupant or any appearance that the premises may be occupied or in the event that the premises do not indicate occupation by a person, the policy authority shall post on the real estate premises the aforesaid notice, this notice to be served or posted at least 24 hours in advance of the removal of the vehicle. If, after notification, that vehicle has not been removed or placed within a lawful enclosure, the police authority may authorize the removal of the vehicle to the nearest garage or other place provided by the city for the storage and safekeeping of those vehicles.
(B) Whenever any police authority removes a vehicle from a street, highway, alley or other public way as authorized in this subchapter and the policy authority knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the police authority shall immediately give or cause to be given notice in writing to the owner of the fact of the removal and the reasons therefor and the place to which the vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of that notice shall be sent to the proprietor of such garage.
(C) Whenever any police authority removes a vehicle from a street, highway, alley or other public way, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three days, then and in that event the police authority shall immediately send or cause to be sent a written report of the removal by mail to the agency or department of the state whose duty it is to register motor vehicles and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. This notice shall include a complete description of the vehicle, the date, time and place from which removed, the reason for such removal, and the name of the garage or place where the vehicle is stored.
(D) Vehicles not claimed by the owner thereof may be disposed of after the time and in the manner as set forth in ILCS Ch. 625, Act 5, § 4-208, (as amended).
(E) All costs of towing and storing a vehicle under the provisions of this subchapter will be paid by the owner or by sale of the vehicle in accordance with the applicable laws providing for that sale.
(Ord. 533, passed 4-20-87)
§ 91.48 INOPERABLE MOTOR VEHICLES.
(A) Subject to the provisions of ILCS Ch. 65, Act 5, § 11-40-3.1, the City Council may by ordinance declare all inoperable motor vehicles, whether on public or private property and in view of the general public, to be a nuisance and authorize fines to be levied for the failure of any person to obey a notice received from the city which states that such person is to dispose of any inoperable motor vehicles under his control, and may authorize any police authority of the city or acting on behalf of the city or any member of any police authority’s force or department, with applicable jurisdiction, to remove, after seven days from the issuance of the municipal notice, any inoperable motor vehicle or parts thereof. However, nothing in this section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
(B) As used in this section, INOPERABLE MOTOR VEHICLE means any motor vehicle from which, for a period of at least seven days or any greater period fixed by ordinance, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. INOPERABLE MOTOR VEHICLE shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
(ILCS Ch. 65, Act 5, § 11-40-3)
ABATEMENT PROCEDURE
§ 91.60 INSPECTION OF PREMISES.
Whenever complaint is made that a public nuisance exists, or has existed, within the city, the Mayor or some other city official whom the Mayor shall designate shall forthwith inspect or cause to be inspected the premises and shall make a written report of his findings. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the City Clerk.
(Ord. 533, passed 4-20-87)
§ 91.61 SUMMARY ABATEMENT.
(A) Notice to owner. If the Mayor, based on the report of the inspecting officer, shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the police, or a deputy sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant or persons causing, permitting or maintaining a nuisance to abate or remove the nuisance within 24 hours and shall state that unless the nuisance is so abated, the city will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
(B) Abatement by the city. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Mayor, Police, or the Building Inspector, or some other city official whom the Mayor shall designate, shall cause the abatement or removal of such public nuisance.
(Ord. 533, passed 4-20-87)
§ 91.62 ABATEMENT BY COURT ACTION.
If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of the nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall file a written report of his finds with the Mayor, who shall cause an action to abate the nuisance to be commenced in the name of the city.
(Ord. 533, passed 4-20-87)
§ 91.63 COST OF ABATEMENT.
In addition to any other penalty imposed for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the city shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes.
(Ord. 533, passed 4-20-87)
§ 91.99 PENALTY.
(A) Any person violating this chapter shall be subject to the abatement provisions set forth in this chapter, and in addition thereto shall be subject to a fine of not less than $250 and not more than $500 with each day that the provisions of this chapter are violated constituting a separating offense. (Ord. 533, passed 4-20-87)
(B) Any person who violates or aids or abets in the violation of § 91.46(A) is guilty of a petty offense, and :
(1) Shall be fined not less than $50 or more than $100; and
(2) Shall be required by the court to make a disposition on the abandoned or unclaimed vehicle and pay all towing and storage charges pursuant to ILCS Ch. 625, Act 5, § 4-203(e).
(ILCS Ch. 625, Act 5, § 4-214)
APPENDIX: NOTICE OF INTENT TO TOW VEHICLE
CITY OF FARMER CITY, ILLINOIS,
POLICE DEPARTMENT
NOTICE OF INTENT TO TOW VEHICLE
To:
Name
Address
City, State, Zip
YOU ARE HEREBY NOTIFIED that the City of Farmer City, Illinois, intends to remove the following vehicle registered in your name, and which has been abandoned on municipal property:
Make Model Year
License Tag Serial Number
The City of Farmer City, Illinois, has determined that this vehicle is abandoned based on the following facts*:
A. Said vehicle is in a state of disrepair rendering the vehicle incapable of being driven in its condition.
B. Said vehicle has not been moved or used for seven consecutive days or more and is apparently deserted.
C. Said vehicle displays no valid registration rendering the vehicle incapable of being legally operated.
*Strike inapplicable paragraph.
YOU ARE FURTHER NOTIFIED that a hearing has been scheduled for the day of , 19 , at a.m./p.m. before Chief of Police, City of Farmer City Police Department, Farmer City, Illinois at the Farmer City Police Station located at City Hall, Main Street, Farmer City, Illinois 61842. At said hearing, facts concerning the abandonment of said vehicle will be presented. You may be present at this hearing to present evidence.
YOU ARE FURTHER NOTIFIED that at the conclusion of said hearing, if it is determined that the vehicle in question will be removed by the City of Farmer City, Illinois, you shall be responsible for towing and storage fees, in addition to any fine resulting from said abandonment.
13
14 Farmer City – General Regulations
Chief of Police
Farmer City, Illinois
STATE OF ILLINOIS )
) SS
COUNTY OF DeWITT )
I hereby certify that a copy of the above and foregoing Notice was*:
1. Personally served to all persons to whom the Notice is directed
2. Mailed by certified mail to all persons to whom the Notice is directed
3. Posted as provided in this form *(strike out inapplicable provisions)
*Strike inapplicable paragraph.
me this day of , 19 .
Notary Public
(Ord. 533, passed 4-20-87)
