§ 34-31. Defined.

(a)

In this article, the term "nuisance" shall mean any activity, inactivity, neglect, omission, commission, abandonment, inadvertent or otherwise, or the like, which does, or tends to, permits, or results in a condition or conditions or circumstances which deleteriously affect the public health, public safety, public welfare, public sensibilities, public rights and enjoyment of residence or property, panders to vicious tastes, creates attractive nuisances for minors, results in a dilapidated, abandoned and dangerous buildings or improvements or unfinished or uncompleted improvements on real property, permits the growth of noxious or poisonous weeds or growth and accumulations of trash dumps or the like.

(b)

It is a nuisance to:

(1)

Permit, suffer or cause any premises within the village to become unsanitary, or filthy, or offensive, or dangerous to the health, life or property of other persons, or to become or cause any unnecessary fire hazard.

(2)

Cause or suffer the carcass of any animal or offal, filth or noisome substance to be collected, deposited or to remain in any place, to the prejudice of others.

(3)

Throw or deposit any offal or other offensive matter, or the carcass of any dead animal, in any watercourse, lake, pond, spring, well, sewer, public place, street, alley, or highway, or property belonging to others.

(4)

Permit, suffer or cause any premises where any animal is kept to become nauseous, foul or offensive to any neighborhood, family, or person, or injurious to the safety, health or property of others.

(5)

Permit, suffer or cause any cellar, vault, drain, ditch, privy, septic tank or other waste disposal system, yard or premises to become, from any cause, nauseous, foul or offensive to any neighborhood, family or person, or injurious to the safety, health or property of others.

(6)

Throw, deposit, suffer, permit or cause to remain upon any premises, public or private, or upon any public street, alleyway or highway, slops, animal or vegetable matter or refuse of any kind which is, or could become, putrid, nauseous, foul or offensive.

(7)

Corrupt, pollute, or render unwholesome or impure, the water of any spring, well, pond, stream or lake.

(8)

Obstruct any watercourse, ditch, ravine or gutter without legal authority, or to permit foul or stagnant water to stand upon any premises.

(9)

Permit, suffer or cause the growth upon any premises of jimson, burdock, ragweed, thistles and cockleburs.

(10)

Erect or use any building or other place for the conduct of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive odors and smells, or which is otherwise offensive and unwholesome, thereby endangering or becoming prejudicial to the health or property of others.

(11)

Locate, keep or maintain any privy, septic tank, or other sewage disposal system when a public sewer runs in any street, alley or public way adjacent to the premises served by such privy, septic tank or other sewage disposal system and a connection to such sewer is required by this Code.

(12)

Expectorate on any sidewalk, depot or station platform or on the floor or walls of any hall or other public building.

(13)

Obstruct or encroach without legal authority, upon any public street, way, alley or highway, or upon any public place, or upon any private way.

(14)

Advertise wares or occupations by painting or affixing signs or notices of the wares or occupations to fences or other private property or on rocks or other natural objects, without the consent of the owner, or if in or upon any public ground, street, way, alley or highway, or other public place, without the consent of the proper authorities.

(15)

Store junk, trash, refuse or the storing or parking of inoperative automobiles, motorcycles or trucks on private property. The term "junk, trash and refuse" includes any and all waste matter, whether reusable or not, which is offensive to the public health, safety, or to the aesthetics of the neighborhood, and is specifically intended to include, but is not limited to, worn-out, wrecked, inoperative, damaged, abandoned or unlicensed automobiles, motorcycles, trucks, tractors, machinery of any kind, or any parts thereof, old iceboxes, refrigerators, stoves or mechanical equipment. The term "abandoned" means situated in one spot for 30 days.

(16)

Make any unreasonable, unnecessary or illegal or unlawful noise. Further no person shall make any noise in violation of section 34-34 of this Code.

(17)

Weed and grass cutting, tree and bush trimming, and nuisance tree and bush removal :

a.

Nuisances declared: The following are declared to be public nuisances within the Village of Hinckley:

(i)

Grass or weeds in excess of ten inches of height;

(ii)

Trees or bushes which: 1) create an actual or potential public safety hazard; 2) which impair access to any public right of way, utility installation, or above-ground utility line or wire; 3) which create or contribute towards a building code violation (including but not limited to blocking the view of building address markings or obstructing gutters or drainageways); 4) which impair emergency access or egress from doors or windows of buildings; or 5) which are diseased, dead, or extending beyond the lot lines of the property on which they are planted without the permission of adjoining property owners;

(iii)

Weeds, bushes or trees recognized as invasive or noxious plants by the United States Department of Agriculture, the Village of Hinckley, or a similar federal, state or local governmental agency; or

(iv)

Unmaintained weeds, trees or bushes on property which has been unoccupied for a period in excess of three months.

(18)

Fail to remove snow and ice from public sidewalks within 24 hours after a snowfall or freezing precipitation. Owners and other persons in control of property fronting or abutting sidewalks shall either:

a.

Remove snow and ice from the public sidewalk within 24 hours after a snowfall or freezing precipitation, or

b.

Shall cover the snow and ice on the public sidewalks with abrasive materials within 24 hours after a snowfall or freezing precipitation, if the snow and/or ice are frozen so hard that it cannot be removed without injury to the sidewalk.

(c)

Subsection (b) of this section is an illustrative enumeration of nuisances under subsection (a) of this section.

(Code 1987, § 18-1; Ord. No. 2010-10, § 1, 9-20-2010; Ord. No. 2010-07, § 1, 7-19-2010; Ord. No. 2017-02 , § 1, 1-3-2017)

Cross reference

Definitions generally, § 1-2.