|3-1-28: ALCOHOLIC LIQUOR IN UNSEALED OR OPENED
(A) It shall be unlawful for any person to possess any alcoholic liquors in an unsealed or open container in any public place within the Village except on the premises where the alcoholic liquor was purchased.
(B) It shall be unlawful for any person to carry any alcoholic liquor in an unsealed or opened container from the licensed premises where such alcoholic liquor was purchased.
(C) No licensee or person as proprietor, agent, servant or employee of such licensee shall knowingly permit any patron to violate this Section or continue to sell alcoholic liquors to such person knowing that such person intends to carry the alcoholic liquor from the premises in an open or unsealed container.
3-1-29: IMMEDIATE REPORT OF UNLAWFUL OR DISORDERLY
(A) Any person licensed under this Chapter shall report to the Creve Coeur Police Department any and all of the following conduct which occurs on or near the premises from which the licensee operates his dram shop or tavern:
1. Fights, disturbances, arguments or other disorderly conduct; or
2. Violations of any provision of the Creve Coeur Village Code, State law or Federal law.
3-4-6: PROHIBITED SALES AND DELIVERY; SIGNS:
(A) It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under the age of eighteen (18) years.
3-4-13: PURCHASE BY MINORS; FINES:
(B) Possession By A Minor: It shall be unlawful for any person under the age of eighteen (18) years to possess any tobacco products; provided that the possession by a person under the age of eighteen (18) years under the direct supervision of the parent or legal guardian of such person in the privacy and confines of the parent's or guardian’s home shall not be prohibited.
3-8-2: PEDDLER’S LICENSE REQUIRED: It shall be unlawful for
any person to engage in the business of a peddler without a
license issued as hereinafter provided.
5-3-5: OUTDOOR FIRES AND OPEN BURNING:
(A) Except as otherwise provided in this section, no person shall set fire to or cause or permit to be burned in any yard, lot, street or alley, any rubbish, garbage, paper or other combustible material unless such material is confined during combustion to an approved incinerator. For purposes of this subsection an “approved incinerator” is one which prevents the escape of soot, cinders, fumes, gases and smoke. Incinerators shall not be permitted on residential parcels.
(B) Any other provision of this section to the contrary notwithstanding, it shall be lawful for any person as a means of cooking food to burn combustible material ordinarily used for the purpose of cooking food outdoors in any permanent or temporary outdoor fireplace, grill or barbecue pit. Provided, however, that any such fire must be kept under competent and continuous supervision and must be kept a sufficient distance from any building, structure or other material so as not to constitute a fire hazard.
(C) The open burning of the following is specifically prohibited: treated or painted wood including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives, corrugated cardboard, container board, office paper, newspaper, any plastic materials including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers, tires, furniture and appliances, hazardous substances including, but not limited to, batteries, household chemicals, pesticides, used oil, gasoline, paints, varnishes, and solvents and construction and demolition waste. "Construction and demolition waste" means building waste materials, including, but not limited to, waste shingles, insulation, lumber,
treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.
(D) The burning of leaves is allowed during the period beginning on October 15 and ending on November 30 of each year and during the period beginning April 1 and ending on April 30 of each year. However, the above indicated time spans may be expanded, shortened or completely abolished on a seasonal basis in the following manner.
1. if the fire chief in his discretion determines that conditions will not permit the safe and proper burning of leaves. He may, by written notice posted in the village hall and distributed through such media as the fire chief in his discretion deems appropriate, entirely prohibit the burning of leaves during all of a portion of the period when such burning would otherwise be authorized by this subsection (D). In any event no person shall burn leaves if the burning of such material creates a health hazard or endangers any adjoining building, structure or other property by the communication of smoke or fire.
2. if the fire chief in his discretion determines that due to unusual seasonal conditions that it would be appropriate to allow the burning of leaves a times other than those specified in this subsection (D), he may, by written notice posted in the village hall and distributed through such media as the fire chief in his discretion deems appropriate, extend the above specified time periods for the burning of leaves for a period of time not to exceed thirty (30) days prior to or subsequent to the times specified in this subsection (D).
3. No leaves may be burned upon any street, curb, gutter, alley, public property or sidewalk or on the ice of a lake, pond, stream or water body.
4. Open burning of leaves shall be conducted only on the property
on which the materials were generated.
5. Burning of leaves shall be constantly attended by a competent person until the fire is completely extinguished.
6-10-1: TRUANCY AND EXCESSIVE ABSENTEEISM PROHIBITED:
(A) Truancy: lt shall be unlawful for any person under the age of
eighteen (18) years enrolled in a public, private or parochial school within the corporate limits of the village, to absent himself or herself from attendance at school without valid cause. Any person who should so absent himself or herself shall be guilty of the offense of truancy.
(B) Excessive Absenteeism: It shall be unlawful for any person under the
age of eighteen (18) years enrolled in a public, private or parochial school within the corporate limits of the village to absent himself or herself from attendance at school for five (5) or more student attendance days during any one school year, unless such absenteeism is for valid cause and has been approved by his or her school district.
(C) Emergency Conditions: Emergency or unforeseen absence due to illness or other causes beyond the control of the person so absenting himself or herself shall not constitute truancy or excessive absenteeism if a valid cause has been obtained from the parent or person in loco parentis and such valid cause is submitted in writing to the proper school authorities within twenty four (24) hours after such absence.
(D) Valid Cause: A valid cause for absence is an illness that would temporarily impair or interfere with a student’s learning ability, observance of a religious holiday, death in the immediate family, family emergency or such other circumstances which cause reasonable concern to the parent, guardian or custodian for the safety or health of the student. Valid cause shall not include babysitting, employment activities (unless specifically sanctioned by the student’s school district) or any other reason that does not temporarily impair or interfere with a students learning ability.
(E) Penalty: Any person found guilty of truancy or excessive absenteeism under this section shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00). Any person found guilty of truancy or excessive absenteeism more than three (3) times in any school year shall be fined not less than three hundred dollars ($300.00) for each subsequent offense.
6-10-2: PARENTAL ALLOWANCE OF TRUANCY OR EXCESSIVE
(A) lt shall be unlawful for a parent or a person in loco parentis to knowingly permit any person under the age of eighteen (18) years to commit an act of "truancy" or "excessive absenteeism" as defined in section 6-10-1 of this chapter.
(B) A parent or person in loco parentis shall be considered to have knowingly permitted a minor under section 6-10-1 of this chapter to commit an act of "truancy" as defined in said section when the parent or person in loco parentis knows that said minor absents himself or herself from attendance at school without valid cause and the parent in loco parentis fails to act to insure that the minor attends the school in which he or she is enrolled.
(C) A parent or person in loco parentis shall be considered to have knowingly permitted a person under the age of eighteen (18) years to commit the offense of "excessive absenteeism" as defined above when the parent or person in loco parentis provides a written or oral excuse for the minor's attendance which is false or does not amount to valid cause. (Ord. 547, 1-11-1995)
(D) A parent or person in loco parentis found guilty under this section shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). A parent or person in loco parentis found guilty under this section more than three (3) times in any one school year shall be fined not less than three hundred dollars ($300.00) for each subsequent offense.
6-10-3: EFFECTIVE DATE: This chapter shall be in full force and effect from and after its passage, approval and ten (10) day period of publication in the manner provided by law.
6-2-5: DISORDERLY CONDUCT; BREACH OF THE PEACE: It
shall be unlawful for any person to engage in any violent,
tumultuous, offensive or disorderly conduct; by threatening, traducing, quarreling, challenging to fight or fighting; or by using obscene, offensive, profane or unseemly language to the annoyance, disturbance or vexation of another; or to be guilty of any conduct calculated to breach the peace.
6-2-6: PUBLIC INTOXICATION; BREACH OF PEACE; INCAPACI-
TATED: It shall be unlawful for any person, in any public
place, to be in such a state of intoxication that:
(A) He is unreasonably loud, obscene, or disorderly so as to breach the peace, or
(B) He is incoherent, incapacitated, or asleep so as not to be able to control, direct or protect himself. It shall be the duty of the police officers to arrest any such person when they reasonably believe such condition exists.
The following acts are declared to be loud, disturbing, and unnecessary noises in violation of this Section, but this enumeration shall not be deemed
to be exclusive, namely:
(A) Blowing Horns: The sounding of any horn or signal device on any automobile, motorcycle or bus, so as to create an unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.
(B) Radios, Phonographs: The playing of any radio, phonograph or any musical instrument with such volume, particularly during the hours between eleven o’clock (11:00) P.M. and seven o’clock (7:00) A.M. as to unreasonably annoy or disturb the quiet, comfort, or repose of persons in any office, hospital, or in any dwelling, hotel, or other type of residence.
(C) Yelling, Shouting, Hooting: Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of eleven o’clock (11:00) P.M. and seven o’clock (7:00) A.M. or at any time or place so as to unreasonably annoy or disturb the quiet, comfort, or repose of any other type of residence, or of any persons in the vicinity.
(D) Pets: The keeping of any animal, bird, or fowl which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the vicinity.
(E) Blowing Whistles: The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, as a warning of fire or danger, or upon request of proper village authorities.
(F) Exhaust Discharge: To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises there from.
(G) Building Operations: The erection, including excavation, demolition, alteration, or repair of any building in any residential district or section, the excavation of streets and highways in any residential district or section, other than between the hours of seven o'clock (7:00) AM. and six o'cIock (6:00) P.M. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the inspector of buildings.
(H) Noises Near Schools, Hospitals, Churches: The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings or _ sessions thereof.
(I) Noises To Attract Attention: The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, or sale, or display of merchandise.
(J) Loudspeaker Or Amplifiers On Vehicles: The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character; provided, that a permit has been first obtained from the village board.
(K) Exception For Rendezvous Days: The provisions of this section shall not apply to the noise caused by the discharge of muzzleloaded firearms on the Fort Creve Coeur premises during rendezvous days provided that prior permission is obtained from the village board.
6-2-29: FIREWORKS: (Rep. by Ord. 553, 8-14-1996)
6-2-31: CURFEW LIMITATIONS FOR MINORS: It shall be unlawful
for any minor under the age of eighteen (18) years to be present at or upon any public assembly, building, place, street, or highway at the following times unless accompanied and supervised by a parent, legal guardian, or other responsible companion at least eighteen (18) years of age approved by a parent or legal guardian, or unless engaged in a business or occupation which the laws of this state authorize a person less
than eighteen (18) years of age to perform:
(A) Between eleven o’clock (11:00) PM. on Sunday to Thursday, inclusive, and six o’cIock (6:00) A.M. on the following day.
(B) Between one minute after twelve o’clock (12:01) A.M. and six o’cIock (6:00) A.M. on Saturday and Sunday.
It shall be unlawful for any person to knowingly permit a person
in his custody or control to violate this section.
A person convicted of a violation of any of the provisions of this section shall be fined not less than fifty dollars ($50.00), nor more than seven hundred fifty dollars ($750.00). (Ord. 575-A, 1-23-2002)
6-2-32: SALE OF INTOXICATING LIQUORS TO MINORS
(A) It shall be unlawful for any person, after purchasing or otherwise obtaining alcoholic liquor, to sell, give or deliver such alcoholic liquor to another person under the age of twenty one (21) years except in the performance of a religious ceremony or service. (Ord. 363,6-17-1970)
(B) A violation of this section shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). (Ord. 575, 11-14-2001)
6-2-33: POSSESSION OF ALCOHOLIC LIQUOR BY MINOR:
(A) It shall be unlawful for any person to whom the sale, gift or delivery of alcoholic liquor is prohibited by this code to purchase or accept a gift of alcoholic liquor or to have alcoholic liquor in his possession. (Ord. 363, 6-17-1970)
(B) A violation of this section shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). (Ord. 575, 11-14-2001)
(C) The presence in a vehicle other than a public omnibus of any alcoholic liquor shall be prima facie evidence that it is in the possession of, and is being carried by all persons occupying such vehicle at the time at which such alcoholic liquor is found, except under the following circumstances:
1. If such liquor is found on the person of one of the occupants therein; or
2. If such vehicle contains at least one occupant over twenty one (21) years of age. (Ord. 363, 6-17-1970)
6-2-39: TRESPASS; LAND AND BUILDINGS: It shall be unlawful for
any person to:
(A) Enter upon the private premises, property or land of another, or any part thereof, after receiving notice from the owner, occupant or persons in control of same, that such entry is forbidden; or
(B) Remain upon the private premises, property or land of another or any part thereof, after receiving notice from the owner, occupant or person in control of same to depart;
(C) Enter or remain in any building or facility which is owned, operated, or within the control of the state, county or village or any agency thereof, except during such hours as it is open to the public; provided, that this section shall not apply to persons entering or remaining after such hours on lawful business or employment.
(D) A person has received notice from the owner, occupant, or person in control of the private premises, property, or land of another, within the meaning of subsections (A) and (B) of this section, it the person has been notified personally, either orally or in writing, or it a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such private premises, property or land, or the forbidden part thereof.
6-2-49: PUBLIC INDECENCY; ACTS OR LANGUAGE:
(A) lt shall be unlawful for any person to commit any indecent, lewd, or lascivious act in any public place in the village, or to utter any lewd or offensive words or to use any threatening or abusive language within the hearing of another person publicly.
(B) It shall be unlawful for any person to appear in a public place in a state of nudity, or to make any indecent exposure or any other lewd or indecent act or behavior.
(C) "Public place" for purposes of this section means any place where such conduct may reasonably be expected to be viewed by others.
6-2-69: POSSESSION OF CANNABIS PROHIBITED:
(A) Definition: As used in this section, "cannabis" includes marihuana, hashish, and other substances which are identified as including any parts of the plant Cannabis sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (Tl-IC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or
indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted there from), fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
(B) Possession: It shall be unlawful for any person knowingly to possess cannabis. (Ord. 448, 4-5-1978)
(C) Penalty: A violation of this section shall be punishable by a fine of not less than two hundred fifty dollars ($150.00) nor more than seven hundred fifty dollars ($250.00); a second or subsequent violation of this section by the same person shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00).
6-2-70: DRUG PARAPHERNALIA:
(B) Possession Of Drug Paraphernalia:
1. A person who possesses an item of drug paraphernalia is guilty of an ordinance violation for which the court shall impose a fine of not less than five hundred dollars ($100.00) nor more than seven hundred fifty dollars ($250.00).
2. ln determining whether an item is drug paraphernalia, the trier of fact may take into consideration the proximity of the cannabis or controlled substance to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia.
6-3-27: REMOVAL OF WASTE:
The owner of any animal shall promptly remove any deposit of such animal’s waste wherever it may exist in the village.
6-3-30: VICIOUS DOGS:
It shall be unlawful for any person to keep, harbor, own, or in any way possess within the corporate limits of the village a vicious dog, subject to the following exceptions and standards:
(A) Identification Of Vicious Dogs:
1. Any law enforcement officer or animal control officer employed by or under contract with the village who suspects that a dog may be vicious within the meaning of this chapter may conduct an investigation to determine whether or not the dog has committed any act or displays any characteristics which qualify it as a vicious dog. Lf upon the completion of such investigation the officer concludes that the dog is a vicious dog, such officer shall issue a written notice of determination which includes at least the following:
(a) A description of the dog;
(b) information available concerning the ownership of the dog;
(c) A statement or conclusion that the dog is a "vicious dog" within the meaning of this chapter;
(d) A description of the acts or characteristics, which led the officer to conclude that the dog is a vicious dog;
(e) Notice to the owner that the vicious dog must be licensed
and housed in accordance with the requirements of this chapter;
(f) Notice that the owner may appeal the determination of the officer to the mayor within seven (7) working days after the
determination is served upon the owner.
The officer shall serve the notice of determination on the owner by certified mail or hand delivery to the last known address of the owner.
(B) Licensing Of Vicious Dogs:
1. No person shall possess any vicious dog for a period of more than forty eight (48) hours without having first obtained a license therefore from the village.
2. No person shall possess a vicious dog unless registered as a vicious dog with Tazewell County animal control.
3. An application for a license to possess a vicious dog shall be filed with the village on a form prescribed and provided by the village and shall be accompanied by all of the following:
(a) Verification of the identity of the owner and current address by providing a photostatic copy of the owner’s driver’s license.
(b) Proof of ownership of the vicious dog.
(c) A copy of the current immunization and health record of the vicious dog prepared by a veterinarian licensed to practice in the state of Illinois.
(d) A certificate of insurance evidencing coverage in an amount not less than fifty thousand dollars ($50,000.00), insuring said person against any claim, loss, damage or injury to persons, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the vicious dog.
(e) Two (2) photographs of the vicious dog to be licensed taken not less than one month before the date of the application. One photograph shall provide a front view of the vicious dog and shall clearly show the face and ears of the vicious dog. One photograph shall show a complete profile of the vicious dog.
(f) Proof that a microchip identification has been implanted.
(g) A license fee of fifty dollars ($50.00).
(h) Such other information as may be required by the clerk of the village.
4. Upon receipt of an application, the clerk of the village shall forward such application to the police department which shall cause an inspection of the premises on which the vicious dog shall be kept to determine that all provisions of this section relating to confinement and posting of signs have been complied with by the applicant. Upon completion of the inspection, the police department shall notify the clerk of the village in writing of the results of its inspection.
5. Upon receipt of the results of the police department inspection, the clerk of the village shall notify the applicant of the approval or denial of the license. In the event that the license is denied, the notifications shall be provided in writing and the reasons for such denial shall be stated. Upon denial, the owner or keeper of the vicious dog shall remove the vicious dog from the municipality within forty eight (48) hours. Upon approval, the clerk shall issue a license to the applicant.
(C) Confinement Of Vicious Dogs: No person shall possess any vicious dog unless the vicious dog is confined in accordance with this section.
1. Confinement Indoors: No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the vicious dog to exit the structure on its own volition. No vicious dog shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the vicious dog from exiting the structure.
2. Confinement In An Exterior Yard: No person shall confine a vicious dog in an exterior area unless such vicious dog is confined in an enclosure constructed and maintained in accordance with section 6-3-1 of this chapter, except that a vicious dog may be confined outside of an enclosure in a manner set forth in subsection (C)3 of this section.
3. Confinement On Leash And Run Line: No person shall permit a vicious dog to go outside an enclosure, house or other structure unless the vicious dog is securely restrained with a leash no longer than three feet (3’) in length and fitted with a muzzle or securely restrained on a run line no longer than ten feet (10’) in length and fitted with a muzzle. No person shall permit a vicious dog to be kept on a leash unless a person is in actual physical control of the leash. The only times that a vicious dog may be allowed out of the enclosure or off the run line are: a) if it is necessary for the owner or keeper to obtain veterinary care for the vicious dog, or b) to sell or give away the vicious dog, or c) to comply with the order of a court of competent jurisdiction, or d) to allow the owner or keeper to walk
the vicious dog, provided that said vicious dog is securely muzzled and restrained with a leash having a minimum tensile strength of at least three hundred (300) pounds and not exceeding three feet (3’) in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.
(D) impoundment Of Vicious Dogs:
1. Any vicious dog which is not properly confined to an enclosure, on a run line, or properly secured by a leash under the owner’s or keeper’s control shall be impounded by the law enforcement authority having jurisdiction in such area; provided, however, that if the village animal control officer or any village police officer reasonably believes that such dog poses an immediate threat of severe injury to any person, such officials are authorized to kill such dog. Any vicious dog found to be running at large by any member of
the police department of the municipality shall be presumed to be in violation of this section and shall be subject to impoundment.
2. If the incident giving rise to the impoundment has resulted in an injury to a person, upon impoundment by the police department, the chief of police or his designee shall notify the rabies control administrator of the county, and shall transfer control of the vicious dog to the administrator in accordance with the Illinois animal control act.
3. Any dog which attacks a human being or other domestic animal may be ordered destroyed in an expeditious and humane manner, when in the court’s judgment, such dog represents a continuing threat of serious harm to human beings or other domestic animals. However, prior to the destruction of the dog, control of the dog must be transferred to the administrator pursuant to subsection (D)2 of this section.
4. Any vicious dog which has previously been impounded for not properly being confined or for running at large in violation of subsection (C)1, (C)2 or (C)3 of this section, or which has previously bitten or attacked a human being or other domestic animal without provocation, shall be ordered destroyed in an expeditious and humane manner upon any subsequent violations of those subsections or upon any subsequent unprovoked attack or bite.
5. Any dog which attacks a human being, except for dogs listed as exceptions to the definition of "vicious dog" in section 6-3-1 of this chapter, which results in severe injury shall automatically be destroyed in an expeditious and humane manner.
(E) Redemption Of Impounded Vicious Dog: An owner of a vicious dog holding a license pursuant to subsection (B) of this section may redeem an impounded vicious dog if the vicious dog has been impounded pursuant to subsection (D) of this section and the vicious dog has not caused severe injury to a person, subject to the following conditions:
1. Proof of a valid license issued by the village under subsection (B) of this section; and
2. Payment of the cost of keeping the vicious dog during the period of impoundment.
(F) Sale Or Transfer Of Ownership Prohibited: No person shall sell, barter, offer to breed or in any other way dispose of a vicious dog to any person within the village unless the recipient person resides permanently in the same household and on the same premises as the registered owner of a vicious dog; provided, that the registered owner of a vicious dog may sell or otherwise dispose of a vicious dog or the offspring of such vicious dog to persons who do not reside within the village, provided they give written notice to the person who will be receiving the vicious dog that such dog has been deemed a vicious dog under this section.
(G) Animals Born Of Vicious Dogs: All offspring born of vicious dogs registered within the village must be removed from the village within eight (8) weeks of the birth of such animal.
(H) Report Requirements Of License: Any person holding a license pursuant to subsection (B) of this section shall report the incidence of any of the following events:
1. The sale, barter, exchange, gift or death of any vicious dog shall be reported within forty eight (48) hours.
2. The escape from confinement of any vicious dog shall be reported upon discovery of the escape.
3. The biting or nipping of any person or animal by a vicious dog shall be reported upon occurrence.
4. The birth of any offspring of a vicious dog shall be reported within forty eight (48) hours of the birth of the offspring.
5. The permanent removal of any vicious dog from the territorial limits of the municipality shall be reported within forty eight (48)hours of such removal by surrender of the license by the owner to the clerk of the village. Except as otherwise provided in this section, the report of any incident required to be reported under this subsection shall be made to the police department of the municipality. Further, all dog owners, whether or not their dog is licensed as a vicious dog, receiving notice or having knowledge that their dog has bitten or attacked a human being or domestic animal without provocation shall immediately notify the police department of the village of said incident.
(I) Sign Required: All persons possessing a vicious dog shall display in a prominent place on the premises where a vicious dog is to be kept a sign which is readable by the public from a distance of not less than one hundred feet (l00’) using the words "Beware of Dog". A similar sign shall be posted on any enclosure.
(J) Fighting Prohibited: No person shall fight or bait, conspire to fight or bait, or keep, train, or transport for the purpose of fighting or baiting, any dog. No person shall own or harbor any dog for the purpose of dogfighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals without provocation.
(K) Revocation Of License: A license granted pursuant to this section shall be automatically revoked upon the second violation by the licensee of any provision of this section. ln the event of a revocation of the license, the license fee shall be retained by the village and the vicious dog must be removed from the municipality within forty eight (48) hours.
(L) Exceptions: This section shall not apply to any K-9 patrol dogs or police dogs while on duty.
(M) Failure To Comply: It shall be unlawful for the owner, keeper or harborer of a vicious dog registered with the village to fail to comply with the requirements and conditions set forth in this section. Any vicious dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. ln addition, failure to comply may result in the revocation of the license of such animal resulting in the immediate removal of the animal from the village. (Ord. 646, 8-8-2007)
6-3-2: ANIMALS RUNNING AT LARGE PROHIBITED:
(A) The owner of any animal shall keep such animal confined or under restraint at all times when it is off the premises of the owner’s real property and shall not permit such animal to be at large.
(B) Every owner of an animal is prohibited from allowing the owner’s animal to run at large.
(C) Any animal found running at large shall be apprehended and impounded in any existing available public pound.
(D) The provisions of subsections (A), (B) and (C) of this section shall not apply to:
1. Dogs being used in hunting, field trials;
2. Dog shows while on public lands set aside for those purposes;
3. While on the private property of others with the actual, implied, customary or constructive consent of the owner of such private premises;
4. While going to or coming from a hunting, field trial or dog showsite;
5. Bloodhounds or other dogs used for tracking in conjunction with police activities;
6. Dogs of the canine corps of any police force, the state police, any federal law enforcement agency, or the armed forces while being used to conduct official business or being used for official purposes.
6-6-2: Height Of Grasses And Weeds
6-6-3: Weeds And Grass; Violation, Nuisance Declared
6-6-4: Notice And Abatement Procedure
6-6-2: HEIGHT OF GRASSES AND WEEDS:
It shall be unlawful for anyone to permit any weeds, grass or plants other than trees, bushes, flowers or other ornamental plants, to grow to a height exceeding eight inches (B") anywhere within the village; any such plants or weeds as exceeding such height are hereby declared to be a nuisance
6-6-3: WEEDS AND GRASS; VIOLATION, NUISANCE DECLARED:
lt shall be unlawful for any owner to cause, maintain, or permit to remain the following, and such is hereby declared to be a public
nuisance and unlawful activity:
(A) Any accumulation of weeds on any lot or parcel of land in the village; any growth of grass or weeds on any lot or parcel of land in the village in excess of eight inches (8") tall.
6-6-4: NOTICE AND ABATEMENT PROCEDURE:
(A) In the event that the provisions of this chapter are violated by any "owner" as defined herein, any officer of the village possessing police power may cause notice requiring compliance with the provisions of this chapter to be served, either personally or by mail, or by posting of the property. Posting of the property shall be by a sign not less than eight and one-half inches by eleven inches (81/2" x 11") with letters not less than one-fourth inch (1/4") in height. Posting, or written notice served personally or by mail upon the owner, lessee or occupant or any person having the care or control of such lot or land shall be deemed to comply with the provisions of this chapter. Notice by mail shall be sent to the record owner of the property at his last known address. In any case, the posting of such property by the village shall be deemed adequate notice. Notice shall be effective upon personal service or posting, or if by mail, upon placement in the mail.
(B) lf the person upon whom said notice is served fails, neglects or refuses to correct the violation within five (5) days of the effective date of said notice, the village police chief, or his representative, or any other authorized representative of the village, may cause the necessary work to be performed and the actual cost of such work, plus the sum of seventy five dollars ($75.00) for inspection and other costs in connection therewith, shall be assessed and collected pursuant to the procedures established in this code for the collection of costs of abatement of nuisances.
(C) In the event any such owner fails to abate the nuisance in the manner aforesaid, the provisions of subsections 7-3-1(E), (H) and (I) of this code shall apply herein.
6-7-2: INOPERABLE AND UNUSED MOTOR VEHICLES PRO-
(A) It is hereby declared a menace to the public safety and a nuisance for any person to cause, permit or allow the existence of any inoperable motor vehicle, any motor vehicle not regularly used, or any parts of a motor vehicle to exist or to be stored upon any public or private property in view of the general public; provided, however, that nothing in this section shall apply to any motor vehicle or part thereof which is kept in a building, or to a motor vehicle or parts thereof completely on the premises of a duly licensed "junkyard", as defined by section 10-1-2 of this code.
(B) Whenever any police officer determines that a nuisance as declared in this section exists, the police officer shall cause a written notice to abate to be served upon the person who is causing, permitting or allowing the nuisance to exist. Said notice shall give the person seven (7) days from the date of service of the notice to abate the nuisance. Such notice shall be by means of personal service or by certified or registered mail. Personal service shall be by a police officer of the Creve Coeur police department or any person authorized by law to make personal service.
(C) Any person who shall cause, permit or allow such a nuisance to continue to exist after the expiration of seven (7) days from the date of the notice to abate shall, upon conviction thereof, be subject to a penalty of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each such offense. Each day that such nuisance continues or exists after the expiration of the aforesaid seven (7) days shall be deemed to be a separate offense. Further, each such inoperable motor vehicle shall constitute a separate offense.
(D) Whenever any person causes, permits or allows such a nuisance to continue or exist after the expiration of seven (7) days from the service of the notice to abate, the village may, at its option, cause the abatement of the nuisance specified in this section by the same method of disposal of abandoned vehicles provided in section 6-7-3 of this chapter. Nothing in this section shall be construed as imposing upon the village a duty to abate the nuisance specified in this section. The action authorized by this section shall be in addition to and without waiver to any other remedies.
(E) A person shall fall within the class of persons who shall be deemed to cause, permit or allow such a nuisance to exist if such person:
1. Has an ownership interest in or of the inoperable motor vehicle;
2. Causes the inoperable motor vehicle to be deposited at the site in question;
3. Has an ownership or possessory interest in the real estate upon which the inoperable motor vehicle is located;
4. Has an ownership interest in or operates a business which causes, permits or allows such a nuisance to exist on the real estate upon which the business is operated or on adjacent real estate which is under the control of the business owner or operator; or 5. Has an ownership or possessory interest in the real estate upon which a business is being operated and the operator or owner of said business causes, permits or allows such a nuisance to exist on the real estate upon which the business is being operated or on adjacent real estate which is under the control of the person having an ownership or possessory interest in real estate upon which said business is being operated.
(F) Illinois state law provides the village the power to:
1. Declare inoperative motor vehicles a nuisance, 65 Illinois
Compiled Statutes 5/11-40-3;
2. Define, prevent and abate nuisances, 65 Illinois Compiled
Statutes 5/1 1-60-2; and
3. Promote health or suppress disease, 65 Illinois Compiled Statutes
7-3-1: Nuisances; Creating; Maintaining
(A) Definition: For the purpose of this chapter the following term shall mean:
NUISANCE; Any act or offense which is a nuisance according to the common law or the statutes of the state of Illinois or declared or defined to be a nuisance by the ordinances of this village. In addition, the officials of this village shall be authorized to abate any nuisance while not specifically defined within this section which shall constitute the unreasonable, unwarranted
or unlawful use by a person of property, real or personal, or from his own improper, indecent or unlawful personal conduct which works an obstruction or injury to the right of another, or of the public, and produces a material, annoyance, inconvenience, discomfort or hurt that the law will presume an actionable nuisance. Nuisances may be abated which are public or which are both public and private in nature. A nuisance is also any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. Nuisances include, but are not limited to, the following:
1.To deposit, keep, scatter or store lumber, junk, trash or debris.
2. T0 deposit, keep, scatter or store abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers.
3. To deposit, keep or store junk motor vehicles or disabled motor vehicles which includes any vehicle, including trailers, without currently valid license plates, or in either substantially wrecked, discarded, dismantled, inoperative or abandoned condition or as defined in title 6, chapter 7 of this code.
4. To keep diseased animals.
5. To keep any house of prostitution, indecent exhibition or use any real estate or personalty for lewdness, assignation or for the use of controlled substances and cannabis as defined by statute.
6. To cause or allow the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or remain under ownership control to the prejudice of others.
7. To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any watercourse, lake, pond, spring, well or common sewer, street or public way.
8. To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake, to the injury or prejudice of others.
9. To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places and ways to burying places.
10. To erect, continue or use any building or any real estate or any other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals or of the public.
11. To advertise wares or occupation by painting notices of the same on, or affixing them to fences, walls, windows, building exteriors, utility poles or on hydrants or other public or private property, or on rocks or other natural objects without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.
12. To dump, abandon, deposit, dismantle or burn upon any public property or right of way, highway, park, street or parkway anywhere in the village, any trash, garbage, ashes, junk, junked or wrecked motor vehicles or parts thereof, or miscellaneous waste.
13. To own, maintain or keep a swelling unit unfit for human habitation, or dangerous or detrimental to life, safety or health because of lack of repair defects in the plumbing system, lightning or ventilation, the existence of contagious diseases or unsanitary conditions likely to cause sickness among the persons residing in the premises or residing in proximity thereof.
14. To store or place any materials in a manner which may harbor rats or rodents.
15. To produce or permit to be produced whether on public or private property any offensive noise to the disturbance of the peace or quiet of any person residing in the vicinity.
(B) Duty Of Maintenance Of Private Property: No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of other property in the neighborhood in which such premises are located.
(C) Notice To Abate: It shall be the duty of the police chief or his designee to serve or cause to be served upon the person in control of any private property, whether as owner, lessee, tenant, occupant or otherwise to remove from the property any nuisance or abate any nuisance as defined under the terms of this chapter.
(D) Form of Notice: The notice shall allow the person five (5) days to remove or abate the described nuisance; and in the event the nuisance is not so removed or abated the provisions of this code shall apply. The notice shall be given by personal service or by certified or registered mail, addressed to the person occupying or in control of the premises in question or engaging in the conduct that constitutes the nuisance.
(E) Penalty For Failure To Abate A Nuisance; lf a person allows a nuisance to exist as defined in this chapter and fails to abate the nuisance within the period allowed by this code, then, upon conviction thereof, the person shall be fined not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which the nuisance is permitted to exist.
(F) Abatement By Village: ln addition to the penalty provided for in this code, whenever any person fails to abate the nuisance within the period allowed by this code, then the village shall cause the nuisance to be abated, including the right to seek injunctive relief to enjoin continuation of a nuisance where there is no adequate remedy at law, and the expenses there for shall be recoverable from the owners, jointly and severally, and the cost thereof shall also be alien upon the land until paid. Any person who by reason of another’s violation of any provision of this section suffers damage to himself different from that suffered by any other property owners throughout the village generally may bring an action to enjoin or otherwise abate the existing violation.
(G) Summary Abatement: Whenever, in the opinion of an officer of the village possessing police powers, the maintenance or continuation of a nuisance creates an imminent threat of serious injury to persons or serious damage to persons or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the village, the officer shall proceed to abate the nuisance; provided, further, that whenever the owner, occupant, agent or person in possession, charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the municipal officer with police power may proceed to abate the nuisance without notice. Where abatement of the nuisance requires continuing acts by the village authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of the nuisance on a permanent basis through judicial process as soon as reasonably possible.
(H) Recording Of Notice Of Lien: Within sixty (60) days after the costs and expenses are incurred by the village for abatement, the village may file a notice of lien in the office of the recorder of deeds of Tazewell County, Illinois. The notice shall consist of a sworn statement setting out: 1) a description of the real estate sufficient for identification thereof for purposes of recording; 2) the amount of money representing the costs and expenses incurred or payable for the service; and 3) the date or dates when the costs and expenses were incurred by the village.
(I) Payment And Release: Upon payment of the costs and expenses by the owner or persons interested in the property to which a lien is attached, the lien shall be released by the village and, if notice of a lien has been filed, the village shall provide to the owner or interested party a release that may be filed of record; provided, however, no lien shall be released until the total costs and expenses, including the actual costs, filing fees and other costs of administration and interest, are satisfied by payment in full.
7-4-1: LITTERING; CREATING:
lt shall be unlawful for any person to:
(A) Throw or deposit litter in any park or upon any street or other public place within the village except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away by the person responsible for its presence and properly disposed of elsewhere; or
(B) Throw or deposit litter on any private property within the village, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property; or
(C) Throw or deposit litter on any open or vacant private property within the village whether owned by such person or not.