Title IX General Regulations
TITLE IX: GENERAL REGULATIONS
90. INOPERABLE AND ABANDONED VEHICLES
91. PARKS AND RECREATION
92. HEALTH AND SANITATION; NUISANCES
93. STREETS AND SIDEWALKS
94. FIRE PREVENTION CODE
CHAPTER 90: INOPERABLE AND ABANDONED VEHICLES
90.04 Permit to sell non-plated vehicles
90.16 Village policy
90.19 Notice to remove
90.20 Responsibility for removal
90.21 Notice procedure
90.22 Content of notice
90.23 Request for hearing
90.25 Removal from property
' 90.01 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
INOPERABLE MOTOR VEHICLE.
(1) Shall include:
(a) Any motor vehicle from which, for a period of at least seven days, the engine, wheels, tires 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 legally under its own motor power;
(b) Any motor vehicle that is no longer licensable or street legal, including but not limited to race cars, enduro-cars and demolition derby vehicles; and
(c) Any engine(s), wheels, tires or other motor vehicle parts which are detached and separated from a motor vehicle and which have remained on public or private property for a period of at least seven days.
(2) Shall not include:
(a) 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, provided that the repairs are completed within 30 days of the date the motor vehicle was rendered incapable of being driven under its own motor power;
(b) Any motor vehicle that is wholly kept within a building or within a privacy fence and concealed from public view when not in use;
(c) An operable historic vehicle over 25 years of age;
(d) A motor vehicle on the premises of a place of business properly licensed and engaged in the wrecking or junking of motor vehicles;
(e) A motor vehicle located on the sale lot of a licensed and registered motor vehicle dealer; or
(f) Non-plated vehicles with valid 30-day sales permit as provided in ' 90.04.
(Ord. passed ‑ ‑; Am. Ord. passed 8-8-05)
Authority and similar definition, see ILCS Ch. 65, Act 5, ' 11‑40‑3
' 90.02 PROHIBITION.
The village declares that it is a violation of this subchapter and a public nuisance to maintain, keep, store or permit an inoperable motor vehicle on any private or public properly, regardless of zoning, within the village for a period of seven days or more.
(Ord. passed ‑ ‑) Penalty, see ' 90.99
' 90.03 ABATEMENT.
(A) A person is required to dispose of any inoperable motor vehicle(s) under his or her control within seven days after written notice is received from the corporate authorities of the village or from the Chief of Police or any member of his or her Department designated by him or her, commanding disposition of the inoperable motor vehicle(s). The notice shall provide the following information:
(1) Advising the owner that the vehicle is inoperable as defined by this subchapter;
(2) The owner has seven days within which to remove the inoperable motor vehicle;
(3) Upon timely written application the Village Clerk requesting to be heard; (The owner may be heard at the first Village Board of Trustee=s meeting following the owner=s receipt of the notice to remove.)
(4) In meritorious cases showing good cause, the Board of Trustees, in their sole discretion may elect to extend the owner=s removal time or in other cases they may deny the request and direct the removal of the vehicle by a date certain set by the Board; and
(5) The failure of the owner to remove the inoperable motor vehicle will subject the owner of the inoperable motor vehicle to the penalties prescribed in this subchapter.
(B) Moving the inoperable motor vehicle from one location to another location within the village shall not start a new seven-day period.
(Ord. passed ‑ ‑)
' 90.04 PERMIT TO SELL NON‑PLATED VEHICLES.
Citizens of the village may qualify for a permit to sell non‑plated vehicles at their residence under the following criteria:
(A) Permits are available at the Village Hall or at the Police Department;
(B) Only one vehicle and one permit at a time are allowed at any residence;
(C) Permit applications must be accompanied by a permit fee of $20;
(D) Permits must be approved by the Chief of Police;
(E) Denial of a permit by the Chief of Police may be appealed to the Village Board;
(F) Any permitted vehicle must be street legal (with the exception of a current license) and in working order;
(G) A maximum of six permits shall be issued and allowed out in the village at any one time;
(H) Should demand dictate, the Village Board may authorize up to an additional six permits for a total of 12 permits outstanding at any one time;
(I) Permits shall be granted for a maximum period of 30 days;
(J) A permit may be renewed for one additional 30 days if the fee is paid again;
(K) Permits shall be issued on a first come, first served basis;
(L) Permits shall not be issued for derby cars, enduro cars, etc.;
(M) Vehicles may not be parked on village property;
(N) Permit must be displayed on dash with beginning and ending dates of the permit clearly visible.
(Ord. passed 8-8-05) Penalty, see ' 90.99
' 90.15 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLES. All vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition or any vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted.
DERELICT VEHICLE. An inoperable, unregistered or discarded motor vehicle, regardless of title, having lost its character as a substantial property and left unattended without justification on the owner=s land contrary to the public policy expressed below.
(Ord. passed 7‑28‑97)
' 90.16 VILLAGE POLICY.
(A) The Board of Trustees finds that derelict and abandoned vehicles constitute a safety hazard and a public nuisance; are detrimental to the health, safety and welfare of the general public by harboring disease, providing breeding places for vermin, inviting vandalism, creating fire hazards and presenting physical dangers to children and others; producing scenic blights which degrade the environment and adversely affect land values and the proper maintenance and continuing development of the village; represent a resource out of place and energy loss to the economy; and require governmental attention, in order to assure the expeditious removal and recycling of the derelict and abandoned vehicles.
(B) The Board of Trustees declares that it is the policy of the village to:
(1) Prohibit the abandonment of vehicles and the retention of derelicts and to enforce the prohibition by law while reminding vehicle owner of their own responsibility to properly dispose of the vehicles; and
(2) Encourage the development of procedures and techniques to facilitate the expeditious removal of derelict and abandoned vehicles from public and private premises.
(Ord. passed 7‑28‑97)
' 90.17 PROHIBITION.
No person shall park, store, leave or permit the parking, storing or leaving of any motor vehicles of any kind which, as defined above, is a "derelict vehicle" or an "abandoned vehicle," whether attended or not, upon any property, private or public within the village for a period of time in excess of 72 hours. The presence of a derelict or abandoned vehicle, or its parts, on private or public property, is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this subchapter.
(B) This section, relating to the declaration and abatement of nuisances, in enacted pursuant to the powers vested in the village by and through the provisions of ILCS Ch. 65, Act 5, ' 11‑60‑2, entitled, "Definition and Abatement of Nuisances" and Ch. 92 of this code of ordinances.
(Ord. passed 7‑28‑97) Penalty, see ' 90.99
' 90.18 EXEMPTIONS.
This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle stored or parked on the premises of a business enterprise, actively operated with an office on the subject premises and being properly operated in the appropriate business zone, pursuant to the zoning ordinances of the village, or to any motor vehicle in operable condition specifically adapted or designed for operation on drag strips or raceways.
(Ord. passed 7‑28‑97)
' 90.19 NOTICE TO REMOVE.
Whenever it comes to the attention of the Chief of Police that any nuisance exists in the village, a notice in writing giving notice of the existence of the nuisance and demanding its removal shall be given as provided herein.
(Ord. passed 7‑28‑97)
' 90.20 RESPONSIBILITY FOR REMOVAL.
Upon proper notice and opportunity to be heard, the owner of the derelict or abandoned vehicle and the owner or occupant of the private property on which the same is located, whichever having been so notified, shall be responsible for the costs and expense of its removal.
(Ord. passed 7‑28‑97)
' 90.21 NOTICE PROCEDURE.
(A) The Chief of Police shall give notice of removal to the registered owner of the vehicle, if the owner can be ascertained and to the owner or occupant of the private property where the vehicle is located at least ten days before the time of compliance.
(B) Notice shall be sent by registered mail to the registered owner of the vehicle if the owner can be ascertained and the owner or occupant of the private property at his or her last known address.
(Ord. passed 7‑28‑97)
' 90.22 CONTENT OF NOTICE.
The notice shall contain the request for removal within the time specified in this subchapter, and the notice shall advise that upon failure to comply with the notice to remove, violation citations may be issued and possible judicial action can occur.
(Ord. passed 7‑28‑97)
' 90.23 REQUEST FOR HEARING.
The persons to whom the notices are directed, or their duly authorized agents, may file a written request for a hearing before the Village Board of Trustees within the ten-day period of compliance for defending the charges by the village.
(Ord. passed 7‑28‑97)
' 90.24 HEARING.
As soon as practicable after the filing of the request, the persons to whom the notices were directed shall be advised of the time and place of the hearing at least three days in advance. At any hearing, the village and the person(s) to whom the notices have been directed may introduce witnesses and evidence as either party deems necessary.
(Ord. passed 7‑28‑97)
' 90.25 REMOVAL FROM PROPERTY.
If the violation described in the notice has not been remedied within the ten-day period of compliance, or in the event that a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the Board of Trustees, then the Chief of Police or his or her designee shall have the right to file the proper legal papers for the person(s) to appear in court.
(Ord. passed 7‑28‑97)
' 90.99 PENALTY.
(A) (1) Failing to comply with '' 90.01 through 90.03 shall constitute a violation. Any person found to be in violation of any of the provisions of '' 90.01 through 90.03 shall be fined not less than $50 nor more than $750 for the first violation and not less than $100 nor more than $750 for the second and each subsequent violation of any of the provisions of '' 90.01 through 90.03. Each day the violation continues shall be a separate violation.
(2) In addition to the foregoing penalties, the court may also authorize the towing of the inoperable vehicle, at the owner=s expense, if the owner of the inoperable motor vehicle fails to remove the vehicle within 48 hours of the entry of the court=s order.
(3) When directed by court order, the Police Department is hereby authorized to cause the towing, removal and storage of any motor vehicle which is in violation of '' 90.01 through 90.03 and whose owner has not timely removed or caused the removal of the motor vehicle in violation of the order of the court.
(a) The owner of the vehicle towed shall be financially responsible for the costs of the towing, removal and storage.
(b) When an inoperable motor vehicle is stowed away, the Police Department 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 and license plate year and number displayed on the vehicle, if any. 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 officer authorizing the tow.
(Ord. passed ‑ ‑)
(B) Any person in violation of '' 90.15 through 90.25 shall be guilty of a misdemeanor and upon conviction, the person shall be subject to a fine of not more than $750. Each act and each day in violation of any of the provisions of '' 90.15 through 90.25 shall be deemed a separate offense.
(Ord. passed 7‑28‑97)
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CHAPTER 91: PARKS AND RECREATION
91.01 Waterworks Park; supervision
91.02 Black Hawk Park District
' 91.01 WATERWORKS PARK; SUPERVISION.
(A) The tract of land in the village at the northwest corner of Burnett Avenue and Cole Street, known as the Waterworks Park, is hereby declared to be a public park.
(>87 Code, ' 16‑16)
(B) Waterworks Park, with the exception of the waterworks plant and tower, shall be under the supervision of the President and Board of Trustees of the village.
(>87 Code, ' 16‑17)
' 91.02 BLACK HAWK PARK DISTRICT.
(A) The following described real estate shall be conveyed by the President of the Board of Trustees of the village and attested by the Village Clerk, to the Black Hawk Park Blocks 5, 6 and 8 and the west one-half of Block 7 in Yeakle=s Addition AA@ to the village.
(B) The real estate is to be used by the Black Hawk Park District, a municipal corporation, for park purposes only. In the event that the Black Hawk Park District becomes no longer in existence or in the event that the above described premises are no longer used for park purposes, then the title to the above premises shall revert to the grantor, the village.
(>87 Code, ' 16‑20)
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CHAPTER 92: HEALTH AND SANITATION; NUISANCES
92.01 Unsanitary premises
92.02 Communicable diseases
92.03 Dead bodies
Board of Health; Officers
92.15 Supervision of sanitary conditions
92.16 Medical Health Officer; appointment and qualifications
92.18 Ex officio member of Board
Public Health Nuisances
92.35 Interference with public officials or officers
Privy Vaults, Cesspools and the Like
92.47 Nonconforming privies declared nuisances
92.48 Proximity to wells or springs
Unsafe and Blighted Buildings
92.50 General provisions
92.51 Administrative search warrants
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' 92.01 UNSANITARY PREMISES.
Whenever it shall come to the knowledge of the Board of Health, or of its officers or employees, that the conditions of any building or premises is injurious to the health or dangerous to the lives of the occupants or of the public, the Medical Health Officer shall make a thorough examination of the building or premises, and shall direct and instruct as to the remedy of the condition. If this is not remedied within a reasonable time, he or she shall report the facts to the Board of Health, who shall thereupon cause the buildings or premises to be put in good sanitary order, at the cost of the individual responsible for, or causing or permitting, the unhealthful condition.
(>87 Code, ' 13‑2)
' 92.02 COMMUNICABLE DISEASES.
The necessary rules and regulations concerning diphtheria, scarlet fever, typhoid fever and other contagious and infectious diseases shall be enforced by the Board of Health under the supervision of the Medical Health Officer. All public officers of the village in their proper capacities are hereby commanded and enjoined to assist the Board of Health in the enforcement of the rules and regulations.
(>87 Code, ' 13‑32)
' 92.03 DEAD BODIES.
(A) No body requiring a coroner shall be removed from the village until a permit for removal shall be signed by the Village Clerk.
(>87 Code, ' 13‑45)
(B) All death certificates are to be signed by an attending physician on the case or the coroner.
(>87 Code, ' 13‑46)
(C) The Clerk shall enter in a suitable book to be kept for that purpose, a record of all burial permits issued, specifying the date of issue and to whom issued, together with all the items of information contained in the certificates upon which the issue of the permits is based.
(>87 Code, ' 13‑47)
Health and Sanitation; Nuisances 15
BOARD OF HEALTH; OFFICERS
' 92.15 SUPERVISION OF SANITARY CONDITIONS.
The general supervision of the sanitary condition and the preservation and improvement of the public health of the village shall be under the control and direction of all members of the Village Board, who shall be styled the Board of Health.
(>87 Code, ' 13‑13)
' 92.16 MEDICAL HEALTH OFFICER; APPOINTMENT AND QUALIFICATIONS.
There shall also be appointed annually by the President with the approval of the Board of Trustees at the first regular meeting of the Board of Trustees held after the annual election the Medical Health Officer, who shall be a legally qualified physician, possessed of the requisite knowledge of sanitary science and of preventive medicine.
(>87 Code, ' 13‑22)
' 92.17 DUTIES.
The Medical Health Officer shall assist and advise the Board in all matters relating to public health, and shall superintend, under the direction of the Board, the enforcement and observance of the provisions of this chapter.
(>87 Code, ' 13‑23)
' 92.18 EX OFFICIO MEMBER OF BOARD.
The Medical Health Officer shall be, ex officio, a member of the Board of Health.
(>87 Code, ' 13‑24)
PUBLIC HEALTH NUISANCES
' 92.30 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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HEALTH AUTHORITY. The Building Inspector for the village, the Chief of Police or their duly authorized representatives.
PERSONS. Any individual, group of individuals, association, trust, partnership, corporation or any other entity.
PROPERTY OWNER. Any individual, group of individuals, association, trust, partnership, corporation or any other entity in whose name legal title to the real estate is recorded.
(>87 Code, ' 13‑56)
' 92.31 ENUMERATIONS.
Health nuisance includes any act, omission to act or condition on any real property which injures or threatens the health or safety of one or more persons and shall not be limited to, but shall include the following:
(A) The storage, collection, accumulation, discharge or deposition of any offal, fecal matter, filth, refuse, weeds, vegetation, animal carcass, dead organic material, garbage, stagnant or polluted waters, combustible materials and similar materials in any place or on any property so as to threaten the health or safety of the individual or the public or to be conducive to the breeding of flies, rats or other vermin, or to the prejudice of others;
(B) The presence of rats, flies or other vermin;
(C) To discharge or deposit any offal, liquid waste, sewage effluent, dead animal(s) or other polluting material into or upon any watercourse, stream, river, lake, pond, spring, well, abandoned well, ground-surface, drainage ditch, storm sewer, field drain tile, street or public highway;
(D) To corrupt or render impure the water of any spring, river, stream, pond or lake, to the injury or prejudice of others;
(E) To erect or continue to use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, is dangerous to the health of individuals or to the public;
(F) To collect, store, deposit or discharge flammable refuse, liquid or other material in any building or on any place in a manner as to constitute a hazard of fire injury to individuals or the public;
(G) To dump, abandon, deposit, dismantle or burn upon any public or private property, right-of-way, highway, park, street or parkway anywhere in the village, any garbage, ashes, junk, junked or wrecked motor vehicles or non-motorized equipment, or parts thereof, or miscellaneous solid waste;
Health and Sanitation; Nuisances 17
(H) The unlawful disposal of the carcasses of dead animals, fish or fowl;
(I) The exposure of any person to any communicable disease by any unlawful act or practice;
(J) 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 sewage system, plumbing facilities, lighting or ventilation, the existence of contagious diseases or unsanitary conditions likely to cause sickness among persons residing in the premises or residing in proximity thereof;
(K) Failure to secure areas, buildings, equipment or places against unauthorized access where the access threatens the safety of individuals;
(L) Whatever renders food or drink detrimental to human beings, as determined by the Health Authority;
(M) Any attractive nuisance which may prove detrimental to life, health or safety whether in a building, on the premises of a building, or upon an unoccupied lot; (This includes any abandoned well shaft, basement or excavation, motor vehicle, discarded, abandoned, unattended or used refrigerators, iceboxes and similar containers equipped with airtight door or lid, snap lock or other locking device which may not be released from the inside. The duties of this item are imposed alike on the owner of the nuisance and the owner or occupant of the premises where the nuisance is permitted to remain.)
(N) No owner of, or other person occupying, any lot, place or area within the village, and including the parkway located between the sidewalk or property line and the improved and traveled portion of the public way adjacent to any lot, place or area within the village, shall permit any grass, weeds or other unhealthful or noxious growth to grow or stand to a height exceeding eight inches anywhere on the lot, place, area or parkway; and
(O) For the owner or keeper of any lot or premises to suffer, to remain thereon, to the annoyance and detriment of other persons outside the buildings located on the premises, any furniture not designed for outside use.
(P) The intentional burning of any combustible material, by any manner or means, is prohibited where such burning emits offensive, annoying, unpleasant or obnoxious smoke, ash or odors in such quantities and such form so as to constitute an interference with, or an obstruction of, any person's reasonable and comfortable use and enjoyment of his or her property within the village limits.
(>87 Code, ' 13‑57) (Am. Ord. passed 6‑26‑06) Penalty, see ' 92.99
' 92.32 INVESTIGATION.
The Health Authority shall investigate, upon complaint of any person, or on its own initiative, any alleged health nuisance in the village.
(>87 Code, ' 13‑58)
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' 92.33 INSPECTIONS.
(A) The Health Authority shall have the authority to enter any property at any reasonable time to inspect for health, sanitation or safety purposes to determine compliance with the provisions hereof.
(B) In the event the Health Authority, in attempting to enter any premises for the purpose of making an inspection to carry out the provisions of this subchapter, shall be refused entry, an affidavit may be made under oath to any judge of the circuit court for a warrant authorizing the Health Authority named in the affidavit to enter upon or into the premises for the purpose of determining the existence of the conditions set forth in the affidavit.
(>87 Code, ' 13‑59)
' 92.34 NOTICE.
(A) Whenever the existence of any nuisance, as defined herein, on any lots or parcels of real estate situated within the village shall come to the attention or knowledge of the Police Department, Village President or Village Trustee, it shall be the duty of the Chief of Police or his or her designated representative to cause a written notice to be issued to the person owning the property on which the nuisance is being continued or conducted, or to the lessee or person responsible for the nuisance. The notice shall be served to the person or persons, by personal delivery, or sent by certified mail, return receipt requested to the last known postal address of the person or persons, or be posted on the premises by affixing to the premises or by leaving written notice by means of a "door hanger" on the entry door or apparent entry door of the premises wherein the nuisance is continuing or being conducted. The person giving notice shall record and file the date, type and form of notice given.
(B) The notice will give the person or persons ten days after mailing, service or posting, as the case may be, to abate the nuisance and will further describe generally the nuisance itself and the abatement relief sought.
(C) The notice shall further state that, in default of the performance of those acts necessary to abate the nuisance, the village may at once cite the owner for the violation of this subchapter and cause the nuisance to be abated and charge the costs and expenses, incurred in doing or having the work done or improvements made, to the owner of the property. Failure to reimburse the village for abatement costs shall result in the placement of a lien upon the land for the cost of abatement.
(D) The notice shall further state that violation of this subchapter may subject the offender to fines as outlined below.
(>87 Code, ' 13‑60) (Am. Ord. passed 5-27-08)
Health and Sanitation; Nuisances 19
' 92.35 INTERFERENCE WITH PUBLIC OFFICIALS OR OFFICERS.
It shall be unlawful for any person to interfere with, hinder or refuse to allow a public official or police officer to carry out the provisions of this section or any other provision hereof.
(>87 Code, ' 13‑61) Penalty, see ' 92.99
PRIVY VAULTS, CESSPOOLS AND THE LIKE
' 92.45 PROHIBITION.
No privy vault or cesspool for sewage shall be permitted in any part of the village where a sewer is provided in front of the property lines.
(>87 Code, ' 13‑64) Penalty, see ' 92.99
' 92.46 SPECIFICATIONS.
(A) No privy vault, cesspool or reservoir, into which a privy, water closet, stable or sink is drained, shall be established or constructed in the village, unless the same shall be constructed according to plans and specifications approved by the Board of Health of the village.
(B) No property owner shall maintain on his or her premises, or permit to be maintained upon his or her premises, a privy vault, cesspool or reservoir into which a privy, water closet, stable or sink is drained, unless the same shall be approved by the Board of Health of the village.
(>87 Code, ' 13‑65) Penalty, see ' 92.99
' 92.47 NONCONFORMING PRIVIES DECLARED NUISANCES.
All privy vaults, cesspools or reservoirs, into which a privy, water closet, stable or sink is drained, which shall not be approved by the Board of Health, are hereby declared nuisances and may be abated in the same manner as provided herein.
(>87 Code, ' 13‑66)
' 92.48 PROXIMITY TO WELLS OR SPRINGS.
No privy vault, cesspool or reservoir into which a privy, water closet, stable or sink is drained, shall be established or permitted within 50 feet of any well, spring or other source of water used for drinking or culinary purposes, without written permission from the Board of Health, based upon the advice of the Medical Health Officer.
(>87 Code, ' 13‑67) Penalty, see ' 92.99
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UNSAFE AND BLIGHTED BUILDINGS
' 92.50 GENERAL PROVISIONS.
(A) It is hereby declared a menace to the public safety and a nuisance for any person to cause, suffer or permit the existence of any unsafe, dilapidated, blighted, or otherwise insecure building, wall, fence, stack, chimney, cornice, sign, awning or other like structure of any kind which, from manner of construction, age, condition or other circumstances, is or may become a menace to the safety of persons or property or may become a blighted structure.
(B) It shall be unlawful to maintain or permit the existence of any dangerous, unsafe or blighted building in the village; and it shall be unlawful for the owner, occupant or person in custody of any dangerous, unsafe or blighted building to permit the same to remain in a dangerous or unsafe condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous, unsafe or blighted condition.
(C) For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLIGHTED. Any building or structure which is not properly maintained and is allowed to deteriorate so that it is offensive to look at, may be a danger to adjoining buildings, may be a danger to any persons under any of the other provisions of this section, is a detriment to the area in which it is located so that it is offensive to public aesthetics and/or causes a deterioration of property values on surrounding properties, is not properly maintained and/or is allowed to deteriorate even though said deterioration may be gradual so that the cumulative effect over a period of time is to create said blighted or unsafe conditions.
DANGEROUS BUILDING and UNSAFE BUILDING. As used herein is hereby defined to mean and include:
(a) Any building, shed, fence or other man‑made structure which is dangerous to the public health because of its construction or condition, or which may cause or aid in the spread of disease or cause injury to the health of the occupants of it or of neighboring structures.
(b) Any building, shed, fence or other man‑made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire, and constitutes or creates a fire hazard.
(c) Any building, shed, fence or other man‑made structure which, by reason of faulty construction, age, lack of proper repair or any other cause is liable to cause injury or damage by collapsing or by a collapse or fall of any part to such a structure. Faulty construction or other cause shall include, but not be limited to, the following conditions:
Health and Sanitation; Nuisances 20A
1. The main supporting beams are not properly secured at outer walls;
2. Outer walls from foundation to the first floor line are unsafe;
3. First and second floor joist are undersized and are toenailed to beams;
4. Subflooring on the first and second floors is of inferior or decayed lumber;
5. Sheathing of outer walls is of inferior or decayed lumber;
6. Walls are bulging outward at first floor line;
7. Rear stairway to first floor and second floor is unsafe;
8. Front porch is unsafe;
9. Wood construction is in contact with chimney.
(d) Any building, shed, fence or other manmade structure which, because of its condition or because of lack of doors or windows is available to fowl, rats, vermin and may be frequented by malefactors or disorderly persons who are not lawful occupants of such structure.
(D) If after reasonable investigation, the Building Committee of the Village Board of Trustees finds a building in a dangerous, unsafe or blighted condition, the President or any official or employee designated by the Board of Trustees shall request the owner's consent for an administrative search of the building, shed, fence or other man‑made structure. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building shall not be ascertainable, such notice shall be mailed to the person or persons in whose name such real estate was last assessed as shown from the records of the Jo Daviess County Assessor's Office. If the proper written consent is not forthcoming within 14 calendar days from the date of the mailing of the request, the Building Committee or President of the Board of Trustees shall seek the issuance of an administrative search warrant as provided below in ' 92.51.
(E) If after reasonable investigation and inspection, the Building Committee of the Village Board of Trustees finds a building in a dangerous, unsafe or blighted condition, the President or any official or employee designated by the Board of Trustees shall direct said owner or owners to put such building in a safe condition or to demolish it.
(F) If, after 21 days subsequent to the giving of such notice, said owner or owners fail to put such building in a safe condition or to demolish it, the President or any official or employee designated by the Board of Trustees shall so notify the Board of Trustees requesting the Board to direct the Village
20B Warren - General Regulations
Attorney to apply on behalf of the village to the Circuit Court of Jo Daviess County for an order authorizing the village to demolish or repair, or to cause the demolition or repair of said building.
(G) The cost of such demolition or repair shall be recoverable from the owner or owners of such real estate, and shall be a lien thereon as provided in ILCS Ch. 65, Act 5, ' 11‑31‑1.
(H) In addition to the civil remedies set forth in this division, allowing an unsafe and/or blighted building to exist shall be considered a violation of this subchapter and shall be punishable by fine of not less than $25 and not more than $500 per occurrence. Each day in which the condition is allowed to exist shall be a new and separate offense. In addition to the civil remedies set forth in this division, the village may prosecute violations of this section as an ordinance violation by the issuance of a citation which shall be presented to the Circuit Court and tried as any other ordinance violation. Before the first complaint is filed for an ordinance violation, a 15‑day notice shall be given as set forth in the preceding divisions of this section. However, after the initial 15‑day notice is given, a new citation may be issued for each subsequent day in which the violation continues to occur without the requirement of new 15‑day notices being given. Specifically, one 15‑day notice shall be effective and citations may be issued each day after the 15th day relying on the initial 15‑day notice.
(I) Each fine levied as a result of the provisions of this subchapter shall be considered a judgment against the person against whom the fine is levied and may be filed through the use of Memorandum of Recording in the County Clerk's office of any given county and shall become a lien on any real estate as would any other judgment so recorded.
(Ord. passed 9-24-07)
' 92.51 ADMINISTRATIVE SEARCH WARRANTS.
(A) Search warrant defined; who may issue, execute.
(1) An administrative search warrant is a written order of the Circuit Court Judge commanding the search or inspection of any property, place or thing, and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein, to determine or prove the existence of violations of any ordinance or code section of the village relating to the use, condition or occupancy of property or structures located within the village, or to enforce the provisions of any such ordinance or code section.
(2) The Circuit Court Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative search warrant when:
(a) The property or place to be searched or inspected or the thing to be seized is located within the village at the time of the making of the application; and
Health and Sanitation; Nuisances 20C
(b) The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by the village.
(3) Any such warrant shall be directed to the Chief of Police or any other police officer of the village and shall be executed by the Chief of Police or said police officer within the village limits and not elsewhere.
(B) Who may apply for warrant; contents of application.
(1) Any police officer or the Village Attorney may make application to the Circuit Court Judge for the issuance of an administrative warrant.
(2) The application shall:
(a) Be in writing.
(b) State the time and date of the making of the application.
(c) Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the warrant can readily ascertain it.
(d) State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the village to allow such action and has refused to allow such action.
(e) State facts sufficient to show probable cause for the issuance of a search warrant, as provided in division (C)(1) hereof, to:
1. Search or inspect for violations of an ordinance or code section specified in the application; or
2. Show that entry or seizure is authorized and necessary to enforce an ordinance or code section specified in the application and that any required due process has been afforded prior to the entry or seizure.
(f) Be verified by the oath or affirmation of the applicant; and
(g) Be signed by the applicant and filed in the circuit court.
(3) The application may be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony shall not be considered.
20D Warren - General Regulations
(C) Hearing and procedure; contents of warrant; execution and return.
(1) Hearing and procedure.
(a) The Circuit Judge shall hold a non‑adversary hearing to determine whether probable cause exists to inspect or search for violations of any village ordinance or code section, or to enforce any ordinance or code section.
(b) In doing so the Circuit Judge shall determine whether the action to be taken by the village is reasonable in light of the facts stated. The Circuit Judge shall consider the goals of the ordinance or code section sought to be enforced and such other factors as may be appropriate, including but not limited to the physical condition of the specified property, the condition of the area in which the property is located, the known violation of any relevant village ordinance or code section and the passage of time since the property's last inspection. The standard for issuing a warrant need not be limited to actual knowledge of an existing violation of a village ordinance or code section.
(c) If it appears from the application and any supporting affidavit that there is probable cause to inspect or search for violations of any village ordinance or code section, a search warrant shall immediately be issued.
(d) The warrant shall issue in the form of an original and two copies and the application, any supporting affidavit and one copy of the warrant as issued shall be retained in the records of the Circuit Court.
(2) Contents of search warrant. The search warrant shall:
(a) Be in writing and in the name of the Village of Warren and the County of Jo Daviess;
(b) Be directed to any police officer in the village;
(c) State the time and date the warrant was issued;
(d) Identify the property or places to be searched, inspected or entered upon in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;
(e) Command that the described property or places be searched or entered upon, and that any evidence of any village ordinance violations found therein or thereon, or any property seized pursuant thereto, or a description of such property seized, be returned, within ten days after filing of the application, to the Circuit Judge who issued the warrant, to be dealt with according to law;
(f) Be signed by the judge, with his title of office indicated.
Health and Sanitation; Nuisances 20E
(3) Execution and return.
(a) A search warrant issued under this subchapter shall be executed only by a village police officer, provided however, that one or more designated village officials may accompany the officer, and the warrant shall be executed in the following manner:
1. The warrant shall be executed by conducting the search, inspection, entry or seizure as commanded and shall be executed as soon as practicable and in a reasonable manner.
2. The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.
3. a. If any property is seized incident to the search, the officer shall give the person from whose possession it was taken, if the person is present, an itemized receipt for the property taken. If no such person is present, the officer shall leave the receipt at the site of the search in a conspicuous place.
b. A copy of the itemized receipt of any property taken shall be delivered to the village attorney within two working days of the search.
c. The disposition of property seized pursuant to a search warrant under this section shall be in accordance with an applicable village ordinance or code section, but in the absence of same, then in accordance with state statutes.
4. The officer may summon as many persons as he deems necessary to assist him in executing the warrant, and such persons shall not be held liable as a result of any illegality of the search and seizure.
5. An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he would be justified in using if the warrant were valid.
6. A search warrant shall expire if it is not executed and the required return made within ten days after the date of the making of the application.
1. After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search or inspection shall be delivered to the Circuit Court.
2. The return shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched, inspected or seized.
20F Warren - General Regulations
3. The return shall be accompanied by any photographs, copies or recordings made, and by any property seized, along with a copy of the itemized receipt of such property required by this section; provided however, that seized property may be disposed of as provided herein, and in such a case a description of the property seized shall accompany the return.
4. The Court Clerk, upon request, shall deliver a copy of the return, to the possessor and the owner, when not the same person, of the property searched or seized.
(D) Warrant invalid, when. A search warrant shall be deemed invalid:
(1) If it was not issued by a circuit court judge;
(2) If it was issued without a written application having been filed and verified;
(3) If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in division (C)(l)(b) hereof;
(4) If it was not issued with respect to property or places in the village;
(5) If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;
(6) If it is not signed by the judge who issued it; or
(7) If it was not executed and the required return made within ten days of the date of the making of the application.
(Ord. passed 9-24-07)
' 92.99 PENALTY.
(A) Any person violating any provisions of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.
(B) (1) Any person, firm or corporation found guilty of violating '' 92.30 through 92.35 shall be fined not less than $50 nor more than $750 for each offense. Each person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of the section is committed, continued or permitted.
Health and Sanitation; Nuisances 20G
(2) In addition to the foregoing, the village may abate the nuisance in any reasonable manner including the removal of articles constituting the nuisance and may collect from the violators the reasonable cost thereof. The cost of removal shall become a lien on the real estate affected provided that a notice of lien is filed in the office of the Recorder of Deeds within 60 days of the completion of the abatement of the nuisance.
(3) The lien notice shall set forth a description of the real estate involved, the amount of money representing the costs and expenses incurred in the abatement of the nuisance, and the dates when the costs and expenses were incurred by the village.
(4) In addition to the foregoing, the Village Attorney is authorized and directed to initiate litigation in court to recover the costs incurred in abating the nuisance.
(>87 Code, ' 13‑62)
20H Warren - General Regulations
CHAPTER 93: STREETS AND SIDEWALKS
93.01 Work Coordinator; duties
93.17 Street lights
93.18 Poles and wires
93.19 Tubes; installation; portion assumed by village
93.31 Boundary definitions
93.32 Construction, maintenance and repair
93.33 Permit and application
93.34 Barricades and lights
93.35 Disturbing or interfering sidewalks
93.36 Cost of construction; portion assumed by village
93.39 Nonconforming sidewalks
93.40 Unsafe sidewalks
93.41 Damaging newly laid concrete
93.42 Dangerous material and merchandise on sidewalks
93.55 Duty to remove snow
93.56 Ice and sleet on sidewalks
93.57 Failure to comply
93.58 Removal from streets
22 Warren - General Regulations
' 93.01 WORK COORDINATOR; DUTIES.
The Work Coordinator shall:
(A) Superintend and supervise all work upon streets, lanes, alleys, bridges and public ways within the village, and to see that the provisions of this code and all ordinances in regard to streets, alleys, public grounds, sidewalks, crosswalks, drains and sewers are obeyed and enforced;
(B) Attend all regular meetings of the Village Board and obey orders and directions general and special, as he or she may from time to time receive from the Village Board, executing the same in the order in which they are given, unless otherwise specially directed;
(C) Repair immediately all breaks, defects or places needing repair in any public street or crossing, bridge or sidewalk of the village where the cost of the repairs will not exceed the sum of $15, without specific order of the Village Board to make the repairs; (In cases where the work is imperatively needed and the cost thereof will exceed $15, the Work Coordinator may proceed to do the work after obtaining, in writing, the unanimous consent of the Committee on Streets so to do.)
(D) Make a careful and complete inspection of the streets, bridges and sidewalks within the village in the spring and fall of each year, and as frequently as practicable, noting the defects therein, and at once report the same to the Village Board, together with the name of the owners of the lot, tracts or parcels of land abutting on the defective sidewalks so reported;
(E) Take timely and proper precautions to prevent damage from insufficient or improper construction of drains and sewers, or stoppage of the same by snow, ice or flood, and to prevent the clogging or stoppage of any public sewer or the storm inlets thereto;
(F) Annually cause all streets and alleys, under the direction of the Committee on Streets, to be thoroughly cleansed, beginning in the spring, and to keep them in that condition, so far as practicable, during the remainder of the year;
(G) Report promptly in writing to the Village Board any defect in sidewalks, streets or bridges likely to endanger life or limb;
(H) Require all persons obstructing any portion of the streets for building purposes, or for making excavations, or otherwise, to keep displayed during the night-time amber lights as a signal of danger, and promptly make complaint before the circuit court whenever provisions of this code or any ordinances of the village relating to streets, sidewalks or public sewers are being or have been violated; and
Streets and Sidewalks 23
(I) Take proper care of all working tools and other property in his or her possession belonging to the village, keep a full list of all the tools and property, and deliver up the tools and property to his or her successor, together with a list thereof.
(>87 Code, ' 22‑17)
' 93.15 VACATIONS.
Street vacations are set out by the Village Board.
(>87 Code, ' 22‑24)
' 93.16 EXCAVATIONS.
(A) (1) No person shall open up, make any excavation in or upon, or remove any pavement from any street or alley for any purpose whatsoever, without a permit.
(2) A written application for the permit shall be made to the Work Coordinator, stating in detail the purpose for which the excavation or opening is to be made, the kind or type of surface to be broken, the time when the excavation is to commence, the period during which the excavation is to remain open, the time when the excavation shall be backfilled and the surface restored to its original condition, the name and address of the person who shall have charge of the work, and a description, by street number and legal description, of the property opposite which the excavation or opening is to be made.
(3) The application shall be in the form as may be prescribed by the Work Coordinator and shall contain the additional information as may be required by the Work Coordinator and as may be relevant and material.
(4) The applicant shall be solely responsible for the cost of labor, equipment and materials for all excavating, backfilling, resurfacing and maintaining of the opening or excavation.
(5) In backfilling any excavation, at the election of the Work Coordinator, the surface layer may be applied by the village, in which event a charge, on a cost plus basis or other basis approximating the customary charge made by contractors for like work, shall be made to the applicant.
(6) All applications shall be accompanied by a joint and several bond executed by applicant, with good and sufficient securities residing in the village, or licensed to do business in the state, and shall be in the sum as may be fixed by the Work Coordinator, but not to exceed $5,000, conditioned upon true
24 Warren - General Regulations
and faithful compliance with all of the terms and representations of the application, the provisions of this section, and the laws of the state and upon the payment of all fines, penalties, damages and judgements against the village or the applicant attributable to any act of omission, negligence or violation of the applicant.
(B) In the event of any suit or claim against the village by reason of the negligence or default of the permittee, upon the village giving written notice to the permittee, of the suit or claim, any final judgment against the village for damages shall be conclusive upon the permittee and his or her surety.
(C) (1) Any person filing an application under this section may elect to file a bond for a duration of any number of years not more than ten, conditioned as above, covering all maintenance, excavations, backfilling and resurfacing, for the period specified, which bond shall be in such sum as may be fixed by the Work Coordinator, but not to exceed $5,000 for each excavation, with surety as above provided. While the bond remains in force, the applicant shall not be required to furnish additional bonds when making applications for permits.
(2) The Work Coordinator shall, within 24 hours bond, issue or deny a permit for the work.
(3) Appeal from the denial of a permit shall be in writing to the Village Board, and the decision of the Board shall be final.
(4) Any person who has on file a bond of the type described herein may make emergency excavations, necessary for preserving health, safety or welfare without first obtaining a permit.
(5) The person shall, on the first business day of the Work Coordinator following the day on which the excavating is begun, make application for a permit.
(D) (1) All excavations, backfilling, resurfacing and maintenance shall be subject to the direction of the Work Coordinator and shall be done in a most careful and workmanlike manner.
(2) Where the surface is concrete or brick, the excavation shall be backfilled with sand to a point eight inches below the surface. The remainder of the excavation shall be filled with Class X concrete.
(3) Where the surface is blacktop the excavation shall be backfilled with sand to a point ten inches below the surface. The remainder of the excavation shall be filled with eight inches of Class X concrete, a one-inch layer of sheet asphalt binder and a one-inch layer of sheet asphalt surfacing, applied and rolled to state highway standard specifications.
(4) Where the surface is gravel, the excavation must be backfilled with sand or other granular material to a point ten inches below the surface. The remainder of the excavation shall be filled with eight inches of gravel and two inches of compacted permanent blacktop material.
Streets and Sidewalks 25
(5) In all backfilling, the material used shall be compacted to the maximum. Sand or other granular material shall be hand tamped in six-inch layers or jetted down with water to the maximum compaction.
(6) The completed backfilling and resurfacing shall conform to existing grade of the street or alley, and there shall be no deviation from grade greater than 1/8 of an inch in five feet.
(7) Where an excavation is made to extend a main, the material removed may be used for backfilling instead of sand, if the materials, in the opinion of the Work Coordinator, are suitable for backfilling. The material shall be jetted down with water to the maximum compaction and all other provisions of this section shall be satisfied.
(8) At no time shall more than one-half the width of any street or alley be opened up.
(9) The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as nearly normal as practicable shall be maintained.
(10) Where flagpersons are deemed necessary by the Work Coordinator, they shall be furnished by the permittee at his or her expense.
(11) The excavation, backfilling and resurfacing shall be completed within the period of time specified in the permit.
(E) At all times all openings shall be protected and guarded with sufficient and adequate barriers, placed on all sides of the opening, and sufficient warning devices, signals and signs shall be maintained. All openings during the period from sunset to sunrise shall be adequately lighted with at least two signal lights or devices, and as many more as may be ordered by the Chief of Police or Work Coordinator, to outline the opening and be visible for a distance of not less than 250 feet.
(F) (1) No person shall remove or damage the fence, railing or other protective barriers or lights provided for the protection of the public.
(2) The permittee shall not permit to remain unguarded at the place of excavation any machinery, equipment or other device having the characteristic of an attractive nuisance likely to attract children and hazardous to their safety and health.
(3) All material excavated from trenches and piled adjacent to the trench, shall be piled and maintained in a manner as not to endanger those working in the trench pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property.
(4) Any adjacent surface, parkway or walk or curb, damaged by the excavation shall be immediately repaired and resurfaced by the permittee.
26 Warren - General Regulations
(5) For a period of three years from the completion of any excavation it shall be maintained by the permittee. The maintenance shall include the immediate repair of any defects appearing in the surface, the maintenance of the grade at the level required and additional backfilling and resurfacing when necessary in the opinion of the Work Coordinator.
(6) Any settlement of the surface within the three-year period shall be deemed conclusive evidence of defective backfilling by the permittee.
(G) (1) The excavation work shall be performed so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants.
(2) Passageways leading to fire escapes or firefighting equipment shall be kept free of all obstructions.
(H) (1) The permittee shall not interfere with any existing utility without the written consent of the Work Coordinator and the utility company.
(2) No utility owned by the village shall be moved unless the cost of the work be borne by the permittee. The cost of moving privately owned utilities shall be borne by the permittee unless it makes other arrangements with the utility.
(3) The permittee shall support and protect, by timbers or otherwise, all pipes, conduits, poles, wires or other apparatus which may be affected by the excavation work, and do everything necessary to support, sustain, and protect them under, over, along or across the work. In case any fixtures or apparatus are damaged, they shall be repaired by the utility owning them, at the expense of the permittee or his or her surety.
(4) The permittee and his or her surety shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility.
(5) The permittee shall inform himself or herself as to the existence and location of all underground utilities and protect the same against damage.
(6) The permittee shall, at his or her own expense, shore up and protect all buildings, walls fences or other property, likely to be damaged during the excavation work, and shall be responsible for all damage in that regard.
(I) All clean-up operations at the excavation shall be at the expense of the permittee and shall be completed to the satisfaction of the Work Coordinator. From time to time, as may be ordered by the Work Coordinator and in any event immediately after completion of his or her expense, the permittee shall clean up and remove all refuse and unused materials of any kind.
Streets and Sidewalks 27
(J) (1) The permittee shall provide for the flow of all water courses, sewers or drains intercepted during the excavation work and shall replace the same in as good a condition as he or she found them, or shall make the provisions for them as the Work Coordinator may direct. The permittee shall not obstruct any gutter of any street, but shall use all proper measures to provide for free passage of surface water.
(2) Tunnels under the pavement shall not be dug, except by permission of the Work Coordinator, and if permitted, shall be adequately supported by timber and backfilling under the directions of the Work Coordinator.
(3) If the permittee shall have failed to restore the surface of the street to its original and proper condition, upon the expiration of the time fixed by the permit, or shall otherwise have failed to complete the excavation work, the Work Coordinator may do all the work and things necessary to restore the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof, plus 25% for general overhead and administrative expense.
(4) Except by special permission from the Work Coordinator, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 500 feet where pipe has been laid. The length of the trench which may be open at any one time shall not be greater than the length of pipe and necessary accessories available at the site and ready to be put in place.
(5) Trenches shall be braced and sheathed according to generally accepted safety standards, as prescribed by the Work Coordinator. No timber bracing, lagging, sheathing or other lumber shall be left in the trench.
(K) If, in his or her judgement, traffic conditions, the safety or convenience of the traveling public or the public interest, require that the excavation work be performed as emergency work, the Work Coordinator shall have full power to order, at the time the permit is granted, that a crew of persons and adequate facilities be employed by the permittee 24 hours a day so that the work may be completed as soon as possible.
(L) Each permittee shall conduct and carry out the excavation work in a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measure to reduce to the fullest extent practicable, noise, dust and unsightly debris, and during the hours of 10:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the Work Coordinator or in case of emergency, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
(M) (1) Whenever the Village Board enacts any ordinance or resolution providing for the paving or repaving of any street or alley, the Work Coordinator shall promptly publish in the official newspaper of the village a notice to each person owning any sewer main, conduit, or other utility in or under the
28 Warren - General Regulations
street or owning any abutting property, whether improved or unimproved, including any village properties. The notice shall notify the persons that no excavation permit shall be issued for openings for a period of five years after the completion of the street improvement and that application for excavation permits, for work to be done prior to the paving or repaving, shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than 60 days from the publication of the notice.
(2) In the event any utility, village department or abutting owners shall fail, within 60 days, to perform the excavation work as may be desired, all rights to make openings, cuts or excavations in the street or alley shall be forfeited for a period of five years from the completion of the street or alley improvement.
(3) During the five-year period, no excavation permit shall be issued to open, cut or excavate in the street, unless in the judgement of the Village Board, by a two-thirds vote, an emergency exists which makes it absolutely essential that an excavation permit be issued.
(N) The Work Coordinator shall make inspections as are reasonably necessary in the enforcement of this chapter.
(O) A permittee, prior to the commencement of excavation work hereunder, shall furnish the Work Coordinator satisfactory evidence in writing that the permittee has in force, and will maintain in force during the excavation work, public liability insurance of not less than $100,000 for any one person, and $300,000 for any one accident, and property damage insurance of not less the $50,000, duly issued by an insurance company authorized to do business in this state.
(P) This chapter shall not be construed as imposing upon the village or any official, or employee, any liability or responsibility for damages to any person injured by the performance of any excavation work, for which an excavation permit is issued hereunder; nor shall the village or any official or employee thereof be deemed to assume any liability or responsibility by reasons of inspections authorized hereunder, the issuance of any permit, or the approval of any excavation work.
(Q) No person shall construct, reconstruct or alter any curbing without first obtaining a permit from the Work Coordinator.
(R) An applicant for the permit shall file with the Work Coordinator an application showing name and address of the owner of the abutting property, and of the contractor, location of the work, plans and specifications, estimated cost and other information as the Work Coordinator shall find reasonably necessary.
(S) A filing fee of $5 for the first 15 lineal feet or less of curb-cut and $1 for each additional foot or fraction thereof shall be paid with the application.
(>87 Code, ' 22‑25)
Streets and Sidewalks 29
' 93.17 STREET LIGHTS.
No person shall light or extinguish any public street lamp or light or in any manner interfere therewith without permission in writing to do so.
(>87 Code, ' 22‑50) Penalty, see ' 10.99
' 93.18 POLES AND WIRES.
No person or corporation shall erect, construct or build or maintain telegraph or telephone poles or a line of telegraph or telephone poles or to place any telegraph or telephone line or wire or braces thereto or erect any obstruction of any nature whatsoever.
(>87 Code, ' 22‑56) Penalty, see ' 10.99
' 93.19 TUBES; INSTALLATION; PORTION ASSUMED BY VILLAGE.
(A) The village shall assume a certain amount of the cost of tube installation.
(B) The following rate shall be allowed:
(1) The property owner shall pay for the tube;
(2) The village shall pay for the labor installing the tube;
(3) The diameter of the tube shall be 15 inches;
(4) The length of the tube shall be determined by the Work Coordinator; and
(5) The property owner shall be entitled to tube installation on an entrance abutting his or her property coming off the right-of-way.
(>87 Code, ' 22‑65)
' 93.20 DRIVEWAYS.
No person shall construct a driveway into the street right-of-way without first securing a permit thereof. Application shall be made to the Village Clerk and shall state the location of the intended driveway. The application shall be reviewed by the Work Coordinator for final approval. Failure to apply for a driveway permit as set forth herein shall be cause for a penalty.
(>87 Code, ' 22‑68) Penalty, see ' 10.99
30 Warren - General Regulations
' 93.30 ENFORCEMENT.
The Work Coordinator shall be charged with the enforcement of this subchapter.
(>87 Code, ' 22‑31)
' 93.31 BOUNDARY DEFINITIONS.
(A) The business district shall be defined as that area on both sides of Main and Tisdel bounded by the intersection of Chestnut Street on the west, and Francis Street on the south and also both sides of Railroad Street, bounded by Burnett Street on the north and Johnson Street on the south.
(B) Any other area in the village shall be classed as residential unless otherwise designated by action of the Village Board.
(>87 Code, ' 22‑32)
' 93.32 CONSTRUCTION, MAINTENANCE AND REPAIR.
All new construction, maintenance and repair of sidewalks and other public ways shall be under the supervision of the Work Coordinator, who shall, in turn, report to the Chairperson of the Street and Sidewalk Committee.
(>87 Code, ' 22‑33)
' 93.33 PERMIT AND APPLICATION.
(A) No person shall construct or lay any sidewalk or repair the same, without first securing a permit therefor.
(B) Application shall be made on a form which must be obtained from the Village Clerk, and shall state the location of the intended pavement or repair, the extent thereof, the projected dates of commencement and completion of the construction, and the person or firm who is to do the actual construction work. The completed permit application must bear the signature of the applicant and the signature of a village inspector authorizing the construction or repair. No permits shall be issued, except where the work will conform to this subchapter and the ordinances of the village.
(>87 Code, ' 22‑34) (Am. Ord. passed 6‑ ‑96)
Streets and Sidewalks 31
' 93.34 BARRICADES AND LIGHTS.
(A) Any person laying or repairing any sidewalk or making any excavation in the same shall maintain suitable barricades to prevent injury of any person or vehicle by reason of the work.
(B) The barricades shall be protected by a light at nighttime. Any defect in any pavement shall be barricaded to prevent injury.
(C) Any person properly maintaining any opening or excavation while the same remains open shall guard the same with proper barricades and lights.
(>87 Code, ' 22‑35)
' 93.35 DISTURBING OR INTERFERING SIDEWALKS.
No person shall disturb or interfere with any barricade or lights placed to protect or mark any new pavement or excavation or opening in any public sidewalk, street or alley.
(>87 Code, ' 22‑36) Penalty, see ' 10.99
' 93.36 COST OF CONSTRUCTION; PORTION ASSUMED BY VILLAGE.
(A) The following owner-reimbursement rates will be allowed when the work conforms herewith.
(1) The village may reimburse the residential owner for the cost of concrete needed to pour the length of sidewalk with a width of four feet and a depth of four inches. The rate of reimbursement will be computed using a local cost of cement determined by averaging the current rates of delivered, five-bag mix cement, as provided by two local vendors.
(2) The residential owner will notify the village upon completion of the work and provide a copy of the owner=s paid receipt from the contractor or concrete dealer. The village will inspect and measure the sidewalk for conformance herewith.
(3) If the sidewalk conforms, the village will reimburse the owner for the cost of delivered concrete at the rate indicated above. The reimbursement shall not cover any other cost of the construction or repair.
(4) The village will only pay for the cost of concrete necessary to pour a four foot sidewalk, four inches deep. Any excess costs shall be borne by the residential owner. For example, if the owner submits a bill for concrete poured to the depth of six inches, the owner will only be reimbursed for four inches.
32 Warren - General Regulations
(5) Disputes will be addressed by the Village Board of Trustees whose decision shall be final.
(B) (1) Due to varying sizes, shapes and requirements, of commercial sidewalks, reimbursement for concrete costs for commercial sidewalk repair, replacement or construction shall be determined between the business owner and the village on a case-by-case basis.
(2) Disputes will be addressed by the Village Board of Trustees whose decision shall be final.
(>87 Code, ' 22‑37)
' 93.37 SPECIFICATIONS.
(A) Sidewalk specifications and requirements in the business district shall be in accordance with current ANSI standards with specific details determined on a case-by-case basis through negotiation between the village and the business owner.
(B) Sidewalks in residential areas shall be constructed of unreinforced concrete in accordance with current ANSI standards. The sidewalk requirements shall, at a minimum, include:
(1) Width: four feet wide;
(2) Depth: four inches deep;
(3) Surface, level, smooth, non-skid top surface; and
(4) Crack control, crack control grooves at four-foot intervals.
(>87 Code, ' 22‑38)
' 93.38 GRADES.
No part or portion of any sidewalk shall be laid or relaid at any different grade or upon any other level than that of the adjacent portions of the sidewalk unless so ordered by the Work Coordinator.
(>87 Code, ' 22‑39) Penalty, see ' 10.99
' 93.39 NONCONFORMING SIDEWALKS.
(A) Whenever any sidewalk shall be constructed or maintained with the village in violation of or contrary to the provisions of this chapter, the Work Coordinator immediately shall notify in writing the owner of the property abutting upon the sidewalk, or his or her duly authorized agent or tenant, to change or rebuild the sidewalk so that the same correspond to the terms of this subchapter.
Streets and Sidewalks 33
(B) If the owner or his or her agent or tenant fails, neglects or refuses to comply with the requirements of the notice, the Work Coordinator shall promptly report the facts to the Village Board, who shall prepare a special ordinance for the construction of a suitable sidewalk in place of the sidewalk so built in violation of the provisions herein contained, and pass the same without delay.
(>87 Code, ' 22‑40)
' 93.40 UNSAFE SIDEWALKS.
Whenever any sidewalk in the village shall from breakage therein or natural wear of age become unsafe for ordinary travel therein, the Work Coordinator or other officer shall notify, in writing, the owner of the estates abutting on or upon the sidewalks or his or her duly authorized agent to repair or rebuild the sidewalks as the public safety may require. If the owner or his or her agents shall fail or neglect to comply with the notice, they shall be subject to the fines and penalties provided.
(>87 Code, ' 22‑41)
' 93.41 DAMAGING NEWLY LAID CONCRETE.
No person shall walk upon or drive any vehicle or animal upon or injure any newly laid sidewalk while the same is guarded by a warning sign or barricade, or knowingly injure any soft or newly laid concrete.
(>87 Code, ' 22‑42) Penalty, see ' 10.99
' 93.42 DANGEROUS MATERIAL AND MERCHANDISE ON SIDEWALKS.
(A) No person shall deposit on any sidewalks any material which may be harmful to the pavement thereof, or any waste material, or any glass or other articles which might cause injury to persons, animals or property.
(B) Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the useable width of the sidewalk is not thereby reduced to less than four feet and provided that no article shall remain on the sidewalk for more than one-half hour.
(>87 Code, ' 22‑43) Penalty, see ' 10.99
34 Warren - General Regulations
' 93.55 DUTY TO REMOVE SNOW.
The owner or occupant of any premises shall keep the sidewalk in front of and along the same free from snow and other obstructions. The snow or obstructions shall be removed within 24 hours following the cessation of the storm.
(>87 Code, ' 22‑62)
' 93.56 ICE AND SLEET ON SIDEWALKS.
In case the sidewalk shall be covered by ice or sleet, the owner or occupant of the abutting property shall at once cover the same or cause the same to be covered by sand or other material which will make them perfectly safe for public travel.
(>87 Code, ' 22‑63)
' 93.57 FAILURE TO COMPLY.
(A) If any owner or occupant of the premises fails or refuses to comply with either '' 93.55 or 93.56, or both, the village or its agents may cause to have the sidewalk cleaned and to make charges against the abutting property of $25.
(B) This charge shall be in addition to any fine imposed and shall be a tax against the property and shall be collected as the law provides.
(C) Should the failure or refusal to comply with either '' 93.55 and 93.56, or both, the abutting property be repeated after warning, the property owner or occupant shall be jointly or severally liable upon citation for a fine of not less than $50 nor more than $200 for each violation.
(D) Each day a violation of this subchapter shall continue to constitute a separate offense, and each act in violation of the provisions of this subchapter shall be considered to be a separate and distinct offense.
(>87 Code, ' 22‑64)
' 93.58 REMOVAL FROM STREETS.
(A) No person shall park a motor vehicle on any street or alley in the business district in the village during the period commencing with the hour of 2:00 a.m. following the cessation of any snowfall and continuing until the hour of 6:00 a.m., nor during the corresponding periods on succeeding mornings, until the snow on the particular roadway has been plowed or removed.
Streets and Sidewalks 35
(B) On all streets or alleys in the village, outside of the business district, parking of all motor vehicles, after the cessation of any snowfall and until the snow on a particular roadway has been plowed or removed, shall be restricted and prohibited.
(C) For two consecutive days following the cessation of a snow storm with two or more inches accumulation of snow on the ground, or for three consecutive days in the event of a snow storm ceasing on the thirty-first day of the month, all vehicles must be parked on the odd-numbered side of the street on odd-numbered days of the month and on the even-numbered side of the street on even-numbered days of the month.
(D) All vehicles must be parked on the proper side of the street in conjunction with the day of the month after 12:01 a.m. on that day.
(E) During the period when parking is thus prohibited on a particular side of a particular street or alley, motor vehicles may be parked on the opposite side of the street or alley regardless of other ordinances of the village or posted signs prohibiting parking generally on the opposite side provided the parking may be done in a reasonable and safe manner and in a way as to not obstruct fire hydrants nor obstruct vision at street corners.
(F) Any person who violates this schedule shall be subject to a fine for each violation. The village shall also be entitled to reasonable attorney=s fees and costs for any violation adjudicated in a legal forum. Police officers shall have the discretion to issue a warning ticket for a first-time violation. However, citations shall be mandatory for all subsequent violations. The village or its agents shall have the right to remove any illegally parked vehicle at the owner=s expense.
(>87 Code, ' 22‑65) Penalty, see ' 10.99
36 Warren - General Regulations
CHAPTER 94: FIRE PREVENTION CODE
94.01 Code regulations adopted by reference
Open burning, see ' 136.02
' 94.01 CODE REGULATIONS ADOPTED BY REFERENCE.
There is hereby adopted by reference as fully and to the same extent as if set out at length herein that certain published code known as the National Fire Prevention Code, the 1980 revised edition.
(>87 Code, ' 9‑11)
Authority for municipalities to adopt technical codes by reference, see ILCS Ch. 65, Act 5, ' 1‑3‑2
38 Warren - General Regulations
CHAPTER 95: ANIMALS
95.02 Shooting, trapping or killing wild birds and animals
95.03 Animals with contagious diseases
95.04 Cruelty to animals
95.05 Loud noises; disturbing the peace
95.06 Keeping or confining animals; sanitation and structural standards
95.07 Killing dangerous or vicious animals
95.20 Office created
95.35 Establishment; maintenance
95.36 Sanitary conditions
95.37 Removal of dogs from pound
95.50 Dogs running at large prohibited
95.52 Redemption or disposition
95.53 Liability for costs
95.54 Prosecution; payment of fee
95.56 Poisoning dogs
95.57 Registration; inoculation
40 Warren - General Regulations
95.70 Use of sidewalks
95.71 Livestock running at large
95.73 Release or hindering
95.74 Notice of impoundment
95.75 Suit when known owner fails to redeem animal
95.76 Procedure when owner is unknown
95.77 Redemption from purchaser
95.78 Sale proceeds; disposition
95.79 Insufficient proceeds
95.80 Releasing livestock form enclosures
' 95.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOG. All members of the canine family, three months or more of age, pet foxes and wolves.
INOCULATION AGAINST RABIES. The injection, subcutaneously or otherwise, as approved by the State Department of Agriculture, or canine anti-rabies vaccine approved by the Department of Agriculture, and by the United States Department of Agriculture.
OWNER. Any person having a right of property in a dog, or who keeps or harbors a dog, or who has it in care, or acts as its custodian, or who knowingly permits a dog to remain on or about any premises occupied by him or her.
PERSON. Any person, whether natural or artificial, and includes partnership and unincorported associations.
(>87 Code, ' 4‑1) (Ord. 175, passed ‑ ‑)
' 95.02 SHOOTING, TRAPPING OR KILLING WILD BIRDS AND ANIMALS.
No person within the corporate limits of the village shall shoot, trap, hunt or kill with any kind of gun or missile any wild bird or wild animal, known as a game animal, whether the game animal has been tamed or is in its wild state.
(>87 Code, ' 4‑2) (Ord. 53, passed ‑ ‑) Penalty, see ' 10.99
' 95.03 ANIMALS WITH CONTAGIOUS DISEASES.
(A) No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large, or be exposed in any public place, whereby the health of persons or animals may be affected, within the village.
(B) The diseased animal shall not be shipped or removed from the premises of its owner, except under the supervision of the Board of Health of the county or of the State Veterinarian.
(C) (1) The Board of Health shall secure the disposition of any diseased animal, and the treatment of the infected premises, as to prevent the communication and spread of the contagion or infection, except in cases where the State Veterinarian is empowered to act.
(2) In all cases, the Board of Health shall co-operate with the State Veterinarian so far as the cooperation may be necessary to the protection of the health of the citizens of the village.
(D) All animal bites that are reported will be investigated by the Animal Control Warden officially assigned to the County Health Department.
(>87 Code, ' 4‑3) (Am. Ord. passed ‑ ‑07)
' 95.04 CRUELTY TO ANIMALS.
Whoever, within the limits of the village, shall over-drive, over-work, over-load or cruelly beat, mutilate, torment, torture or kill any animal or who shall knowingly permit the same to be done; or who shall cruelly work any sick, infirm, crippled or disabled animal, or who shall knowingly permit the same to be done; or who shall abandon an old, sick, infirm, crippled or disabled animal; or who shall unnecessarily fail to provide any animal in his or her charge or custody as owner or otherwise, with proper food, drink and shelter; or who shall carry, drive or keep, or cause to be carried, driven or kept, any animal in an unnecessarily cruel manner, shall be deemed guilty of cruelty to the animal and shall be punished, as provided.
(>87 Code, ' 4‑4) (Am. Ord. passed ‑ ‑07) Penalty, see ' 10.99
42 Warren - General Regulations
' 95.05 LOUD NOISES; DISTURBING THE PEACE.
It shall be unlawful to harbor or keep any animal or animals which disturb the peace by loud noises at any time of the day or night.
(>87 Code, ' 4‑5) Penalty, see ' 10.99
' 95.06 KEEPING OR CONFINING ANIMALS; SANITATION AND STRUCTURAL STANDARDS.
(A) It shall be unlawful for any person to maintain or keep any pen, coop or other building or structure wherein domesticated animals or birds are kept unless the same shall be kept in a clean and sanitary condition at all times.
(B) All pens, yards or runs or other structures wherein any animal is kept shall be of the construction so as to be easily cleaned and kept in good repair.
(C) Fences that are intended as enclosures for any animal shall be securely constructed, shall be adequate for the purpose and kept in good repair and shall not be allowed to become unsightly or unwholesome.
(D) It shall be unlawful for any person to permit the accumulation of animal waste on the person=s property so as to create a potential health hazard to the public or an odor disturbing to other persons.
(>87 Code, ' 4‑6) Penalty, see ' 10.99
' 95.07 KILLING DANGEROUS OR VICIOUS ANIMALS.
The animal warden, any member of the Police Department or any other person is authorized to kill any dangerous or vicious animal of any kind when it is necessary for the protection of any person or property.
(Ord. passed 6-11-07)
' 95.20 OFFICE CREATED.
There is hereby created the Office of Poundmaster.
(>87 Code, ' 4‑15) (Ord. 175, passed ‑ ‑)
' 95.21 APPOINTMENT.
The Office of Poundmaster shall be filled by appointment of the Village President with the advice and consent of the Board of Trustees.
(>87 Code, ' 4‑16) (Ord. 175, passed ‑ ‑)
42B Warren - General Regulations
' 95.22 OATH.
The Poundmaster shall take the oath of office as provided.
(>87 Code, ' 4‑17) (Ord. 175, passed ‑ ‑)
' 95.23 BOND.
The Poundmaster shall enter into bond in the sum of $100.
(>87 Code, ' 4‑18) (Ord. 175, passed ‑ ‑)
' 95.24 COMPENSATION.
The Poundmaster shall receive compensation as the Village Board shall fix in the annual appropriation ordinance and expenses as the Board shall authorize.
(>87 Code, ' 4‑19) (Ord. 175, passed ‑ ‑)
' 95.25 DUTIES.
The Poundmaster shall enforce the provisions of this chapter.
(>87 Code, ' 4‑20) (Ord. 175, passed ‑ ‑)
' 95.35 ESTABLISHMENT; MAINTENANCE.
There is hereby established in the village a dog pound, which shall be erected, paid for and maintained by the village.
(>87 Code, ' 4‑26) (Ord. 175, passed ‑ ‑)
' 95.36 SANITARY CONDITIONS.
The village pound shall be kept in a clean and sanitary condition at all times.
(>87 Code, ' 4‑27) (Ord. 175, passed ‑ ‑)
44 Warren - General Regulations
' 95.37 REMOVAL OF DOGS FROM POUND.
No person, except the Poundmaster, shall remove any dog from the village pound, after the same has been placed therein under the provisions of this chapter, except as provided in this chapter.
(>87 Code, ' 4‑28) (Ord. passed ‑ ‑07)
' 95.50 DOGS RUNNING AT LARGE PROHIBITED.
No person owning or having control or possession of any dog shall permit a dog to run at large within the village or to disturb or annoy any person walking along the street or on the sidewalk.
(>87 Code, ' 4‑33) Penalty, see ' 10.99
' 95.51 IMPOUNDMENT.
The following dogs shall be impounded:
(A) Any dog running at large at any time of the year;
(B) Any dog not inoculated as required by the rabies control law of the state;
(C) Any dangerous, fierce or vicious dog, that is any dog that cannot be subdued and handled by its owner; and
(D) Any dog which shall disturb the peace and quiet of the neighborhood or which shall bite a person or so injure a person as to cause an abrasion of the skin.
(>87 Code, ' 4‑34) (Ord. 175, passed ‑ ‑)
' 95.52 REDEMPTION OR DISPOSITION.
(A) Impounded dogs shall be properly fed and cared for in the pound for a period of seven days, during which time the owner thereof may obtain possession of the dog, upon payment to the Poundmaster the sum of $5, plus an additional $2 for each day the dog was in the pound. All dogs not called for, or upon failure to pay any of the amounts herein provided, may at the expiration of the seven days be killed or otherwise disposed of by the Poundmaster.
(B) It shall be further required that if any dog does not possess a current rabies tag, the animal must be properly inoculated for rabies before release from the pound.
(>87 Code, ' 4‑35) (Ord. 175, passed ‑ ‑; Am. Ord. passed 5‑28‑73)
' 95.53 LIABILITY FOR COSTS.
The owner of any dog which is impounded under the provisions of this subchapter, even though he or she fails to redeem the dog, shall be liable for the pound costs, and the same may be recovered by the village, in an action in any court of competent jurisdiction.
(>87 Code, ' 4‑36) (Ord. 175, passed ‑ ‑)
' 95.54 PROSECUTION; PAYMENT OF FEE.
The fact that a fee has been paid for the care of an impounded dog, as provided herein, shall not be a defense to a prosecution for the violation of any of the provisions of this subchapter.
(>87 Code, ' 4‑37) (Ord. 175, passed ‑ ‑)
' 95.55 RABIES.
(A) Every veterinarian or other person who discovers any dog to be suffering from rabies shall report the fact immediately to the Animal Control Warden.
(B) The report shall give the name, if known, and the place where the same can be found.
(C) The dog shall be immediately taken up by or under the direction of the Chief of Police and impounded and securely kept apart from the other dogs, until the Health Officer can make or cause to be made an examination of the dog.
(D) If, upon examination, it shall be determined that the dog is suffering from rabies, the animal shall be impounded until it dies.
(>87 Code, ' 4‑38) (Ord. 175, passed ‑ ‑)
' 95.56 POISONING DOGS.
No person shall kill or attempt to kill any dog, by poison, or to place or leave any poison or poisonous substance where any dog is likely to eat the same.
(>87 Code, ' 4‑39) (Ord. 175, passed ‑ ‑) Penalty, see ' 10.99
46 Warren - General Regulations
' 95.57 REGISTRATION; INOCULATION.
(A) Every owner of a dog four months or more of age not confined shall cause the dog to be inoculated against rabies and registered. Evidence of the rabies inoculation shall be entered on a certificate, the form of which has been approved by the Board of Health and which has been signed by the veterinarian administering the vaccine.
(B) (1) The owner shall then register the dog by presenting to the Poundmaster the certificate of inoculation of the dog together with the fee prescribed by the Board. The registration shall be issued for a period of one year, but the registration period shall not exceed the rabies inoculation period. The county shall provide rabies inoculation tags at a fee established by the Board. The tags shall be worn by all dogs required to be registered whenever the dogs are off the property of their owners and not within a motor vehicle.
(2) Any method may be used to attach the tag to the dog such as a collar, harness or other suitable device.
(>87 Code, ' 4‑40)
' 95.70 USE OF SIDEWALKS.
(A) No person shall lead, ride or drive, or permit to be led, driven or ridden, any horse, mule, ass, cow or other beast of draught or burden, upon any sidewalk in the village.
(B) This section shall not be construed to prohibit the crossing of any sidewalk at the usual approach to any lot or alley within the village, but no horse or other animal shall be led, ridden or driven across any sidewalk at a faster gait than a walk.
(>87 Code, ' 4‑45) (Am. Ord. passed ‑ ‑07) Penalty, see ' 10.99
' 95.71 LIVESTOCK RUNNING AT LARGE.
(A) No person owning or having control or possession of any livestock or fowl shall permit the livestock or fowl to run at large within the village.
(B) The herding or tethering of any animals upon any street, alley or public ground, or upon any private unenclosed grounds without the consent of the owner or person having control of the unenclosed lands shall be deemed as running at large under this section.
(C) Any person owning or having possession or control of any livestock or fowl and permitting the animal or fowl to run at large shall be subject to punishment for each and every animal found so running or being at large, to be recovered in the manner provided for the recovery of fines for the violation of this code, or in proceedings hereinafter provided for the impounding and keeping of animals running at large.
(>87 Code, ' 4‑55) (Am. Ord. passed ‑ ‑07) Penalty, see ' 10.99
' 95.72 IMPOUNDMENT.
(A) (1) Any person may take up any animal running at large contrary to the provisions of this subchapter and take and drive the same to the pound.
(2) The Poundmaster shall receive and impound any animal so taken and driven to the pound.
(>87 Code, ' 4‑56)
(B) (1) The Poundmaster shall take up and impound any animal known to him or her to be running at large contrary to the provisions of this subchapter.
(2) When any animal shall be impounded, he or she shall keep and safely provide sustenance therefor until the owner shall pay the fine, and the fees and charges, or until the animal shall be sold according to the provisions of this chapter.
(>87 Code, ' 4‑57) (Am. Ord. passed ‑ ‑07)
' 95.73 RELEASE OR HINDERING.
No person shall willfully hinder, obstruct or resist the Poundmaster or any other person lawfully engaged in driving or taking any animal or animals found running at large under the provisions of this subchapter to the pound or shall in any way attempt to release any animal impounded, as herein provided for, without having paid all fees, charges, fines and costs accrued.
(>87 Code, ' 4‑58) Penalty, see ' 10.99
' 95.74 NOTICE OF IMPOUNDMENT.
The Poundmaster, upon impoundment, shall forthwith notify the owner of the impounded animal at his or her last known address by certified mail, with a return receipt requested, of the impoundment. If an owner notifies the Poundmaster that his or her animal has been lost and gives a description of the animal, the Poundmaster, for a period of six months thereafter, shall be required to notify the owner within 24 hours of the impoundment of the animal. It shall be illegal for any person to abandon an animal in the village.
(>87 Code, ' 4‑59) Penalty, see ' 10.99
48 Warren - General Regulations
' 95.75 SUIT WHEN KNOWN OWNER FAILS TO REDEEM ANIMAL.
Upon the refusal or neglect of the owner of any animal to pay the fine or fines and charges provided for, within 24 hours after the impounding of the animal or animals, the Poundmaster shall be authorized to file a complaint against the person responsible in the county circuit court for violation of this chapter. Thereupon a summons or notice to appear shall be issued and served in like manner as in other suits by the village for the recovery of fines or penalties.
(>87 Code, ' 4‑60)
' 95.76 PROCEDURE WHEN OWNER IS UNKNOWN.
When the owner of any animal shall be unknown and the animal have been impounded, the Poundmaster shall make complaint against the unknown owner of the animal describing the same.
(>87 Code, ' 4‑61)
' 95.77 REDEMPTION FROM PURCHASER.
Any animal sold under the provisions of this subchapter may be redeemed by the owner thereof from the purchaser at any time within three months of the time of the sale, upon the payment to the purchaser of the amount paid by him or her, with interest thereon at the rate of 5% per annum, and the expenses of keeping the animal or animals.
(>87 Code, ' 4‑62)
' 95.78 SALE PROCEEDS; DISPOSITION.
(A) When the proceeds of the sale of any animal or animals exceed the amount of the judgment and costs and all costs and charges which shall have accrued subsequently to the rendition of the judgment, the excess shall be paid to the Village Treasurer, who shall keep an account of the sale and retain the same distinct from other funds for the period of three years, within which time the owner of the animal or animals shall be entitled to a warrant on the Treasurer for the excess, upon presenting to the Village Board satisfactory evidence of his or her right thereto.
(B) If no owner appears within three years, the money shall become a part of the general fund of the village.
(>87 Code, ' 4‑63)
' 95.79 INSUFFICIENT PROCEEDS.
When the proceeds of any sale made under the provisions of this subchapter shall be insufficient to pay the judgment, costs and subsequent charges, the Poundmaster may bring suit in the name of the village against the owner of the animal, if known, to recover the deficiency.
(>87 Code, ' 4‑64)
' 95.80 RELEASING LIVESTOCK FROM ENCLOSURES.
No person who shall take or drive any animals from any enclosed lot or tract of land, or from any stable or other building of any other person, or from without the corporate limits of the village, to the pound, with intent to have same impounded or shall let down, break down or open any gate, bars, fence, stable, barn or enclosure of any other person, whereby any livestock belonging to another person shall escape therefrom and run at large contrary to the provisions of this subchapter.
(>87 Code, ' 4‑65) Penalty, see ' 10.99
50 Warren - General Regulations