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HomeMy WebLinkAboutOrdinance #1191ORDINANC$ NO. 1191 AN ORDINANCE PROVIDING FOR THE DEFINITION, ABATEMENT, AND PUNISHMENT OF NUISANCES IN THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS AMENDED. WHEREAS, the Legal and ordinance Committee has determined that it is necessary and in the best interest of the City of Canton that the definition, abatement, and punishment of "nuisances" read as follows; and, WHEREAS, the Canton City Council has made a similar deter- mination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That Title 7, Chapter 1, Sections 1 and 2 of the Canton Municipal Code is hereby amended to read as follows: "NUISANCES 7-1-1.1: DEFINITION - PROHIBITION. The following acts, conduct and conditions set forth in this Chapter are hereby declared and defined to be nuisances, and when committed, performed or permitted to exist by any individual, firm, association or corporation within the territorial limits of the City, are hereby declared to be unlawful and prohibited: A. Any act or offense which is a nuisance according to the Common Law of the State of Illinois, or declared or defined to be a nuisance by the ordinances of the City of Canton. In addition, the officials of the municipality shall be authorized to abate any nuisance which while not specifically defined within this ordinance shall constitute the unreasonable, unwarrantable, or unlawful use by a person of property real or personal or from his own improper, indecent or unlawful personal conduct which works an obstruction or injury to a right of another, or of the public, and produces such material annoyance, inconvenience, discomfort, or hurt that the law will presume an actionable nuisance. Nuisances may be abated which are public or which are both public and private in nature. B. To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place under his ownership or control to the prejudice of others. C. To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any water course, lake pond, spring, well or common sewer, street or public highway. D. To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake, to the injury or prejudice of others. E. To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places. F. To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public. G. To advertise wares or occupation by painting notices of the same on, or affixing them to fences, walls, windows, building exteriors, utility poles, or on hydrants, other public or private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities. H. To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or has bought or leased a residence or other real property, when the harrassment, intimidation or threat relates to a person's attempt to sell, buy or lease a residence, or other real property, or refers to a person's sale, purchase or lease of a residence or other real property. I. To dump, abandon, deposit, dismantle or burn upon any public property or right-of-way, highway, park, street or -2- parkway anywhere in the City of Canton, any trash, garbage, ashes, junk, junked or wrecked motor vehicles or parts thereof, or miscellaneous waste. J. To store, keep, or maintain outside of a closed building, any junk, parts, machinery or equipment not in an operable condition, or motor vehicle not in an operable condition, where such inoperable motor vehicle is an actual danger or detriment to life, safety, health or peaceful enjoyment of the property of surrounding land owners, provided, however, that this provision shall not apply to a properly licensed junk yard or other permitted outdoor storage use which is in full compliance with all of the ordinances of the City of Canton governing the same. K. To own, maintain or keep a dwelling unit unfit for human habitation, or dangerous or detrimental to life, safety or health because of lack of repair, defects in the plumbing system, lighting or ventilation, the existence of contagious diseases or unsanitary conditions likely to cause sickness among persons residing in said premises or residing in proximity thereof. L. To store or place any materials in a manner which may harbor rats. M. To produce or permit to be produced, whether on public or private property, any offensive noise to the disturbance of the peace or quiet of any person residing in the vicinity. 7-1-1.2: NON SUMMARY ABATEMENT - NOTICE: Except where otherwise provided by the ordinances of the City of Canton, any officer of the City of Canton possessing police powers may serve or cause to be served a notice, in writing, upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises or item of personalty in or upon which any nuisance, requiring them, or either or both of them, to abate the same within a specified reasonable time, in such manner as the notice shall direct. 7-1-1.3: NON SUMMARY ABATEMENT: If the person so served and notified does not abate the nuisance within the -3- specified reasonable time, the corporate authorities may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following: A. Seeking to impose a penalty as defined by this Chapter by instituting an ordinance enforcement action. B. Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a court of competent jurisdiction. 7-1-1.4: SUMMARY ABATEMENT: Whenever, in the opinion of an officer of the City possessing police powers, the maintenance or continuation of a nuisance creates an imminent threat of serious injury to persons or serious damage to personal or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, such officer shall proceed to abate such nuisance; provided, further, that whenever the owner, occupant, agent or person in possession, charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the municipal officer with police power may proceed to abate such nuisance without notice. Where the abatement of the nuisance requires continuing acts by the corporate authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as reasonably possible." 3. That Title 7, Chapter 1 of the Canton Municipal Code is hereby amended by adding thereto the following Section 2 to read as follows: "NOISES -4- 7-1-2.1: NOISES PROHIBITED. It shall be unlawful for any person within the City of Canton to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, convenience, health, peace or safety of others, within the limits of the City. The following acts, without limitation, are declared to be examples of loud, disturbing and unnecessary noises in violation of this section: (a) Vehicles: (1) Horns, signaling devises: The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Authorized emergency vehicles may use warning sounds. (2) Engine Exhausts: The discharge into the open air within the City of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (3) Defect in Vehicle or Load: The use within the City of any wagon, cart, automobile, truck, motorcycle, or other vehicle, so out of repair or loaded in such manner or with material of such nature as to create loud and unnecessary grating, grinding, rattling or other noises. (4) Loading, Unloading; Opening Boxes: The creation within the City of loud and excessive noise in connection with loading or unloading of any vehicle, or the opening or destruction of bales, boxes, crates, containers, or the like, without exercising reasonable care to limit such noise and to confine the same. -5- (b) Construction, Repairing of Buildings: The creation (including excavating), demolition, alteration or repair of any building within the City, other than between the hours of seven o'clock (7:00) a.m. and nine o'clock (9:00) p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with the requisite City permit, which permit may be granted for a period up to three days while the emergency continues and which permit may be renewed for periods of three days while the emergency continues. (c) Drums: The use within the City of any drum or other instrument or device for the purpose of attracting attention, by the creation of noise, to any place of business or entertainment or place of public assembly. (d)(1) Pile Drivers, Hammers: The operation within the City between the hours of nine o'clock (9:00) p.m. and seven o'clock (7:00) a.m. of any pile driver, power shovel, pneumatic hammer, derrick or Noise, or other appliance, the use of which is attended by loud or unusual noises. (2) Blowers: The operation within the city of any noise- creating blower or power fan, the operation of which causes loud disturbing noise, unless such blower or fan is muffled to deaden such noise. (e) Loudspeakers, Amplifiers, Paging Systems: (1) Sound on Streets: The playing, using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets of the City. (2) Restrictions Upon Hours of Permitted Use: No machine or device specified in the foregoing paragraph shall be operated between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. from Sunday evening through Friday morning, and between eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m. from Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays established by State law in such a manner as to be plainly audible at a distance of -6- fifty feet (50') from the location of such set, instrument or device. (f) Radios, Phonographs: Time and Use Restrictions: The playing, using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, tape player, television receiving set or other machine or device for the producing or reproducing of sound between the hours of ten o'clock (10:00) p.m. and seven o'clock (7:00) a.m. from Sunday evening through Friday morning, and between eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m. from Friday evening through Sunday morning and on those evenings preceding holidays as established by State law, loud enough to be clearly heard at the boundary of the property on which the sound is produced or reproduced. (g) Schools, Courts, Churches and Hospitals: The creation within the City of any excessive noise in the vicinity of any school, institution of learning, church, court or hospital, while the same is in use, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed at or near such buildings indicating that the same is a school, hospital, court or church. (h) Hawkers, Peddlers: The shouting and crying within the City of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. (i) Yelling, Shouting: Yelling, shouting, hollering, whistling, or signing on the public streets of the City, between the hours of eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m. or at any time or place so as to annoy or disturb the peace, quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or of persons in the vicinity, within the limits of this City. (j) Animals, Birds: The keeping of any animal or bird shut up or tied up in any yard, enclosure, stable, or other place within the City which, by frequently repeated barking, howeling, crying, or singing causing frequent or long continued noise." -7- (k) Interpretation and Legislative Intent. It is the intent of the Canton City Council that the peaceful and quiet enjoyment of each resident's property, home, house, apartment and domicile be assurred. Accordingly, Title 7, Chapter 1, Section 2 of the Canton Municipal Code shall be broadly interpreted to give force and effect to such section; specifically, no delineation of quiet hours in said section shall ever be interpreted as creating a right or immunity in any person to annoy, disturb, injure or endanger the comfort, repose, convenience, health, peace or safety of others by making, continuing or causing to be made or continued, any loud, unnecessary or unusual noise as aforesaid, even though such noise be made during non-restricted hours." 3. If any section, subsection, paragraph or part of this Ordinance is for any reason held to be unconstitutional or invalid by any final court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. 4. To the extent inconsistent with Section 7-1-1.1 and 7-1-2.1 of this Ordinance, all former penalty provisions of this Chapter are hereby repealed. This penalty provision is instituted pursuant to authority of section 1-2-1.1, Chapter 24, I11. Rev. Stat. 5. That this Ordinance shall be in full force and effect ten (10) days after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 3rd day of May , 1988, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, Meade, Sarff, Steck, Zilly, Kovachevich. NAYS: None. ABSENT: None. APPRO'~/ED Donald E. Edwar s, Mayor. ATTEST: Narf y Whi es, City Clerk. -8- CITY OF CANTON ORDINANCE N0. 1191 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON THIS 3rd DAY OF May , 1988 Published in pamphlet form by authority of the City Council of the City of Canton, Fulton County, Illinois, this 4th day of MaY 19 88 STATE OF ILLINOIS, SS. COUNTY OF FULTON. ) I, the undersigned, certify that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that on ~483~3 19~_, the Corporate Authorities of the aforesaid municipality passed and approved the aforesaid Ordinance No._ llgl, entitled which provided by its terms that it should be published in pamphlet form. The pamphlet form of the aforesaid Ordinance No.~c _, including the Ordinance and a cover sheet thereof was prepared, and a copy of such Ordinance was posted in the City Building, 210 E. Chestnut Street, Canton, Illinois, commencing on Mav 4 19 8~_, and continuing for at least ten (10) days thereafter. Copies of -such Ordinance were also available for public inspection upon request in the office of the City Clerk. DATED at Canton, Illinois this 4th day of Mav 19 88. 1 C'. y Clerk. ( S E A L) AN ORDINANCE PROVIDING FOR THE DEFINITION, ABATEMENT, AND PUNISHMENT OF NUISANCES IN THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS AMENDED. WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton that the definition, abatement, and punishment of "nuisances" read as follows; and, WHEREAS, the Canton City Council has made a similar deter- mination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That Title 7, Chapter 1, Section 24 of the Canton Municipal Code is hereby amended to read as follows: 'NUISANCES /'~ 7-1-24: DEFINITION - PROHIBITION. The following acts, conduct and conditions are hereby declared and defined to be nuisances, and when committed, performed or permitted to exist by any individual, firm, association or corporation within the territorial limits of the City, are hereby declared to be unlawful and prohibited: A. Any act or offense which is a nuisance according to the Common Law of the State of Illinois, or declared or defined to be a nuisance by the ordinances of the City of Canton. In addition, the officials of the municipality shall be authorized to abate any nuisance which while not specifically defined within this ordinance shall constitute the unreasonable, unwarrantable, or unlawful use by a person of property real or personal or from his own improper, indecent or unlawful personal conduct which works an obstruction or injury to a right of another, or of the public, and produces such material annoyance, inconvenience, discomfort, or hurt that the law will presume an actionable nuisance. Nuisances may be abated which are public or which are both public and private in nature. B. To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place under his ownership or control to the prejudice of others. C. To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any water course, lake pond, spring, well or common sewer, street or public highway. D. To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake, to the injury or prejudice of others. E. To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places. F. To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public. G. To advertise wares or occupation by painting notices of the same on, or affixing them to fences, walls, windows, building exteriors, utility poles, or on hydrants, other public or private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities. H. To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or has bought or leased a residence or other real property, when the harrassment, intimidation or threat relates to a person's attempt to sell, buy or lease a residence, or other real property, or refers to a person's sale, purchase or lease of a residence or other real property. -2- I. To dump, abandon, deposit, dismantle or burn upon any public property or right-of-way, highway, park, street or parkway anywhere in the City of Canton, any trash, garbage, ashes, junk, junked or wrecked motor vehicles or parts thereof, or miscellaneous waste. J. To store, keep, or maintain outside of a closed building, any junk, parts, machinery or equipment not in an operable condition, or motor vehicle not in an operable condition, where such inoperable motor vehicle is an actual danger or detriment to life, safety, health or peaceful enjoyment of the property of surrounding land owners, provided, however, that this provision shall not apply to a properly licensed junk yard or other permitted outdoor storage use which is in full compliance with all of the ordinances of the City of Canton governing the same. K. To own, maintain or keep a dwelling unit unfit for human habitation, or dangerous or detrimental to life, safety or health because of lack of repair, defects in the plumbing system, lighting or ventilation, the existence of contagious diseases or unsanitary conditions likely to cause sickness among persons residing in said premises or residing in proximity thereof. L. To store or place any materials in a manner which may harbor rats. M. To produce or permit to be produced, whether on public or private property, any offensive noise to the disturbance of the peace or quiet of any person residing in the vicinity. "7-1-24.1: NON SUMMARY ABATEMENT - NOTICE: Except where otherwise provided by the ordinances of the City of Canton, any officer of the City of Canton possessing police powers may serve or cause to be served a notice, in writing, upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises or item of personalty in or upon which any nuisance, requiring them, or either or both of them, to abate the same within a specified reasonable time, in such manner as the notice shall direct. -3- i a "7-1-24.2: NON SUMMARY ABATEMENT: If the person so served and notified does not abate the nuisance within the specified reasonable time, the corporate authorities may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following: A. Seeking to impose a penalty as defined by Section 7-1-24.4 of this Chapter by instituting an ordinance enforcement action. B. Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a court of competent jurisdiction. "7-1-24.3: SUMMARY ABATEMENT: Whenever, in the opinion of an officer of the City possessing police powers, the maintenance or continuation of a nuisance creates an imminent threat of serious injury to persons or serious damage to personal or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, such officer shall proceed to abate such nuisance; provided, further, that whenever the owner, occupant, agent or person in possession, charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the municipal officer with police power may proceed to abate such nuisance without notice. Where the abatement of the nuisance requires continuing acts by the corporate authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as reasonably possible. "7-1-24.4: PENALTY: Any individual, firm, association or corporation violating any of the provisions of Section 7-1-24 this Chapter shall, upon conviction, be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or, be incarcerated in a penal institution other than a penitentiary for a period of time not to exceed six(6) months, or, both. -4- ,' day or portion thereof that a violation is allowed to exist shall constitute a separate offense." 3. If any section, subsection, paragraph or part of this Ordinance is for any reason held to be unconstitutional or invalid by any final court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. 4. To the extent inconsistent with Section 7-1-24.4 of this Ordinance, all former penalty provisions of this Chapter are hereby repealed. This penalty provision is instituted pursuant to authority of section 1-2-1.1, Chapter 24, I11. Rev. Stat. 5. That this Ordinance shall be in full force and effect ten (10) days after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this day of , 1987, upon a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED: Donald E. Edwards, Mayor. ATTEST: Nancy Whites, City Clerk. -5 and last-