TITLE IX:
GENERAL REGULATIONS
Chapter
90. ANIMALS
91. NUISANCES
92.
FIRE
PREVENTION
93. STREETS
AND SIDEWALKS
94. HAZARDOUS MATERIALS
95. FAIR
HOUSING
96. TREES AND SHRUBBERY
97. ABANDONED
VEHICLES
98. PARKS
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2 LaSalle - General Regulations
CHAPTER 90:
ANIMALS
Section
General Provisions
90.01 Running
at large prohibited
90.02 Injuring
birds
90.03 Removal
of excrement
Dogs and Cats
90.15 Definitions
90.16 Licensing
and registration of dogs and cats
90.17 Dogs
and cats at large
90.18 Disturbing
the peace
90.19 Nuisance
conditions; impoundment
90.20 Disposition
of impounded animals
90.21 Provisions
regarding dangerous dogs
90.22 Provisions
regarding vicious dogs
90.23 Exceptions
90.24 Remedies
cumulative
90.99 Penalty
GENERAL
PROVISIONS
§ 90.01
RUNNING AT LARGE PROHIBITED.
It shall be unlawful for any person to
allow any domestic animal of the species of horse, mule, cattle, sheep, swine,
or goat to run at large at any time within the city.
(1963
Code, § 6-3-1) Penalty, see § 90.99
§ 90.02
INJURING BIRDS.
It shall be unlawful for any person to
kill or wound, or attempt to kill or wound, by use of a
firearm,
slingshot, bow and arrow or otherwise, any bird, or to take the eggs or young
of any bird.
(1963
Code, § 6-2-6) Penalty, see § 90.99
§ 90.03
REMOVAL OF EXCREMENT.
(A) It
is hereby declared to be unlawful and to be a nuisance for any person to cause
or allow a dog or cat to be on premises, public or private, not owned or
possessed by such person unless such person has in said person's immediate
possession an appropriate device for removing excrement and/or waste that may
be left on the premises by the dog or cat, and further having an appropriate
container for deposit of excrement and/or waste; it shall further be unlawful
and a nuisance for said person to fail to remove any such excrement and/or
waste deposited by a cat or dog from any premises not owned or possessed by
such person.
(B) It
is expressly provided that this section shall not apply to a vision impaired,
legally blind individual, or to a person who is handicapped to the extent that
said person would qualify to use a handicapped parking space.
(Ord.
2109, passed 2-11-2008) Penalty, see §
90.99
DOGS
AND CATS
§ 90.15
DEFINITIONS.
For the purpose of this subchapter the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
ADMINISTRATOR.
A veterinarian licensed by the State of
Illinois, and appointed by the County of
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LaSalle,
pursuant to the Act commonly known as the Animal Control Act, ILCS Ch. 5, Act
5, §§ 1 et seq. or said person's
fully authorized representative.
ANIMAL.
Any animal, other than man, which may be
affected by rabies.
CITY.
The City of LaSalle, LaSalle
County, Illinois.
DANGEROUS DOGS.
(1) Any individual dog, which when either unmuzzled, unleashed or
unattended by its owner or a member of its owner's family, in a vicious or
terrorizing manner, approaches any person in an apparent attitude of attack
upon streets, sidewalks, or any public grounds or places; or
(2) Any individual dog, which even when muzzled by its owner, or a
member of its owner's family, in a vicious or terrorizing manner is allowed by
its owner, or a member of its owner's family, to approach any person in an
apparent attitude of attack, upon streets, sidewalks, or any public grounds or
places; or
(3) Any individual dog, which because of its aggressive nature,
training or characteristic behavior, is capable of inflicting serious physical
harm or death to humans or to animals and which would constitute a danger to
human life or animal life unless handled in a particular manner or with special
equipment; or
(4) Any individual dog, which chases a person in a menacing and/or
apparent attitude of attack on public or private property; or
(5) Any individual dog that unprovoked, bites a human being or other
animal, either on public or private property.
ENCLOSURE.
A fence or structure of at least 4 feet in
height, forming or causing an enclosure suitable to prevent the entry of young
children and suitable to confine a dangerous dog in connection with
other
measures which may be taken by the owner or keepers such as tethering of a
dangerous dog within the enclosure. Such enclosure shall be securely enclosed
and locked and designed with secure sides, top and bottom, and shall be
designed to prevent the animal from escaping the enclosure and shall have a
minimum dimension of 5 feet by 10 feet. Additionally, the enclosure shall be
double gated at the entrance, with there being at least a 1-foot foyer area
between the 2 gates at the entrance. If the enclosure has no bottom secured to
the sides, then the sides must be embedded into the ground no less than 2 feet.
Additionally, the enclosure must provide protection from the elements for the
dog.
LEASH.
A cord, rope, strap or chain which shall be
securely fastened to the collar or harness of a dog or cat, and it shall be of
sufficient strength to keep the dog or cat under control.
OWNER.
Any person having a right of property in a
dog or cat or who keeps or harbors a dog or cat, or who has it in his or her
care, or acts as a custodian, or who knowingly permits a dog or cat to remain
in or about any premises occupied by said person.
PERSON.
Any person, firm, corporation, partnership,
society, association, or other legal entity, any public or private institution
of the State of Illinois, any corporation or political subdivision, or any
other business unit.
VICIOUS DOGS.
(1) Any individual dog that when unprovoked attacks a human being or
other animal either on public or private property;
(2) Any individual dog that when unprovoked bites a human being or
other animal on more than 1 occasion;
(3) Any individual dog that on at least 3 occasions, when either
muzzled and/or unmuzzled, leashed and/or unleashed, attended and/or unattended
by its owner or by a member of the owner's family, in a vicious or terrorizing
manner approaches and/or
chases
any person in an apparent attitude of attack upon streets, sidewalks, or any
public grounds or places.
(Ord.
1724, passed 1-8-2001)
§ 90.16
LICENSING AND REGISTRATION OF DOGS AND CATS.
(A) Every
person who is the owner (as defined within this subchapter) of a dog or a cat
in the city shall, commencing on the thirtieth day of June, register said dog
or cat with the city on a form indicating the owner of the dog or cat, the
breed of dog or cat, the sex of the dog or cat, certification that the dog or
cat has been appropriately vaccinated for rabies, and further providing proof
of liability insurance in a minimum amount of $50,000, except that regarding
dangerous dogs; the minimum amount then shall be $100,000. License fees for
dogs and cats shall be in the amount of $5 per animal per year, except that
regarding dangerous dogs; the license fee shall be in the amount of $25 per
year. License fees shall be due and payable on or before the thirtieth day of
June each year.
(B) Additionally,
all dangerous dogs as defined herein, shall be registered as such and be
subject to the further provisions contained herein in reference to dangerous
dogs.
(C) The
City Comptroller shall keep a record of all dog and cat licenses paid and shall
furnish to each person paying such license a metal tag having stamped thereon
numbers indicating the year for which the license is paid, and in connection
with dangerous dogs, the tag shall indicate that the dog is a dangerous dog. A
duplicate to replace a lost or destroyed tag may be issued by the City
Comptroller upon the payment of the fee of $2.
(D) The
Mayor shall have the power upon request of the City Comptroller, to deputize
such persons who are licensed doctors of veterinary medicine within the State
of Illinois for the purposes of assisting in the performance of the City
Comptroller's duties with respect to registration of dogs and cats, and of
dangerous dogs, as may be
appropriate
and necessary in connection with carrying out the intent and purpose of
carrying out this subchapter. The Animal Control Administrator of the County of
LaSalle, is automatically deputized as 1 of such persons authorized to assist
in the performance of such duties.
(Ord.
1724, passed 1-8-2001)
§ 90.17
DOGS AND CATS AT LARGE.
(A) It
shall be unlawful to permit any dog or cat required to be licensed pursuant to
the provisions of this subchapter to be on any public street, sidewalk, alley
or other public place, unless such dog or cat has a collar firmly attached
around its neck with a license tag, and further on a leash, and in the case of
a dangerous dog, it is further in compliance with remainder of the terms and
provisions contained herein, in respect to dangerous dogs.
(B) It
is expressly found to be unlawful to permit any animal required by this
subchapter to be licensed, to run at large within the municipality. Any such
animal found upon any public streets, sidewalk, parkway, or any unenclosed
place, shall be deemed running at large unless such dog or cat is firmly held
on a leash or is in an enclosed vehicle or is otherwise in the firm possession
and control of its owner; and in the case of a vicious dog is further in
compliance with the remainder of the terms and provisions herein concerning
dangerous dogs.
(Ord.
1724, passed 1-8-2001) Penalty, see §
90.99
§ 90.18
DISTURBING THE PEACE.
No person owning any animal required to
be licensed under this subchapter shall suffer or permit such animal to disturb
the peace and quiet of the neighborhood by barking or making other loud or
unusual noises.
(Ord.
1724, passed 1-8-2001) Penalty, see §
90.99
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§ 90.19
NUISANCE CONDITIONS; IMPOUNDMENT.
(A) Any
dog or cat required to be licensed hereunder found in the city without a
license or running at large under conditions set forth above is hereby declared
to be a nuisance and may be impounded by the Police Department or such other
person or persons appointed to the position of Animal Control Administrator of
the County of LaSalle. Any such dog or cat so impounded may be redeemed by the
owner upon payment of the fees in connection with the impoundment set by the
Animal Control Administrator of the County of LaSalle. In the event that the
dog or cat so impounded is registered and licensed in the City of LaSalle, the
city shall send a notice to the registered owner of such dog or cat so
impounded by certified mail with return receipt requested at said owner's last
known address after the animal becomes impounded. In the event that an owner
notifies the city that the owner's animal has been lost, and gives the city a
description of the animal, the city shall thereafter through its Police
Department, notify the owner within 24 hours of impoundment if the animal is
located and impounded. Any dog or cat left by its owner with the city for
disposition, is not to be regarded as unclaimed or unredeemed, but is to be
disposed of as authorized by the owner.
(B) Any
reasonable costs in connection with impoundment authorized by the Chief of
Police and/or the LaSalle County Animal Control Administrator, shall be borne
and paid for by the owner of the dog.
(C) In
connection with apprehension and/or impoundment in furtherance of enforcement
of this subchapter, a police officer may within said officer's discretion,
tranquilize the dog if the dog approaches the officer in a menacing fashion
and/or if the officer otherwise reasonably perceives that tranquilization is
appropriate in the circumstances; additionally, a police officer may shoot a
dog if the dog attacks the officer or approaches the officer in a menacing
fashion that the officer reasonably perceives that the dog is about to attack.
(Ord.
1724, passed 1-8-2001)
§ 90.20
DISPOSITION OF IMPOUNDED ANIMALS.
(A) Any
animals impounded by the City of LaSalle, may be turned over at the city's
discretion, as exercised by the Chief of Police of the City of LaSalle, through
the Animal Control Administrator of the County of LaSalle at any time following
impoundment. Further, following the expiration of 7 days of impoundment, if the
dog has not been previously turned over to the County of LaSalle Animal Control
Administrator, the city may either destroy such animal or deliver the same to
an institution requiring live dogs or cats for scientific or educational
activities within the State of Illinois, and licensed by the State of Illinois
pursuant to the provisions of appropriate statutes, unless the owner of the dog
or cat has made an appropriate provision for paying on a regular basis, the
fees of impoundment while the animal is impounded.
(B) No
animal impounded by the city shall be released from the pound, unless the owner
or person who claims ownership, shall exhibit to the City Comptroller that such
animal has been vaccinated by a doctor of veterinary medicine licensed within
the State of Illinois, for rabies with a 1-year vaccine within a 12-month
period, or with a 3-year vaccine within a 3-year period, prior to impoundment.
(Ord.
1724, passed 1-8-2001)
§ 90.21
PROVISIONS REGARDING DANGEROUS DOGS.
(A) All
dangerous dogs shall be registered with the city as a dangerous dog, and shall
be further in compliance and subject to the remainder of the provisions
contained herein regarding dangerous dogs. Any person having knowledge which he
or she believes constitutes probable cause to believe that another is
harboring, keeping, or maintaining a dangerous dog which is not registered with
and licensed by the city in accordance with this subchapter shall file with the
Police Department a sworn affidavit setting forth the basis on which they
believe the animal to be a dangerous dog, the name and address of the owner of
the dog, and a description of the dog.
(B) The
Police Department shall, upon receipt of such affidavit, inquire of the City
Comptroller to determine if the dog is currently registered. The City Comptroller
shall notify the Police Department of this fact and if the dog is not
registered and otherwise in compliance with this subchapter, the Police
Department shall serve notice upon the owner of the alleged dangerous dog,
which notice shall include the requirement that the owner shall bring the
alleged dangerous dog to the Animal Control Administrator of LaSalle County or
in the discretion of the Police Chief to another licensed veterinarian for
inspection to determine whether this dog is a dangerous dog by definition as
set forth in this subchapter.
(C) In
the event that it is determined by the Animal Control Administrator of LaSalle
County, or such other licensed veterinarian as was appointed by the Chief of
Police to perform the inspection, that said dog is a dangerous dog as defined
within this subchapter, the owner shall be cited for not having voluntarily
complied with the provisions of this subchapter regarding dangerous dogs.
Additionally, pending trial and/or other disposition of the citation for violation
of this provision, the Chief of Police and/or such other representative as the
Chief of Police may from time to time designate, may impound the dog and/or
turn possession of the dog over to the LaSalle County Animal Control
Administrator for appropriate action. Alternatively, in the event that the
owner then demonstrates proof of compliance with the registration and other
provisions herein regarding dangerous dogs, further provided that the owner
pays any impoundment costs, the dog may be released by the Police Department
within its discretion to the owner provided the dog has not also been alleged
to be a vicious dog as defined herein. The provisions and remedies regarding
vicious dogs herein are intended to be administered in addition to, and not to
the exclusion of, the remedies in reference to dangerous dogs.
(D) Additional
provisions that dangerous dogs shall be subject to in connection with this
subchapter include the following:
(1) At the time of registration and licensing, each owner of any
dangerous dog, shall provide to the
City
Comptroller of LaSalle, in addition to the other requirements herein in
reference to all dogs and cats, proof of insurance in the amount of at least
$100,000 for any acts of property damage or liability incurred related to
injury inflicted by such dog. Such insurance shall name the city as co-insured
solely for the purpose of notice of cancellation of the policy.
(2) Each dog licensed and registered as a dangerous dog, shall be
provided by the city a current dangerous dog collar of an approved color for
the purpose of identification, which collar is to be worn by the dog at all
times as proof of registration. If when due to the length of the dog's hair the
collar is not visible, an approved colored lead or chain shall be used.
(3) A dangerous dog collar can be removed from a dangerous dog, solely
for the purpose of grooming, or purposes of other care when the dog is secured
indoors or in an enclosure as defined herein.
(4) While on the inside of a building on the owner's property, a
dangerous dog must be securely confined indoors.
(5) While on the owner's property outside of a building, a dangerous
dog must be securely confined in an appropriate enclosure as determined and
defined herein.
(6) The owner of a dangerous dog, shall display a sign on said owner's
premises facing out from all sides of the premises, warning that there is a
dangerous dog on the property. This sign should be visible and capable of being
read from a public highway or thoroughfare, or within 20 feet of its placement.
In addition, the owner shall conspicuously display a sign with a symbol warning
children who cannot read of the presence of a dangerous dog.
(7) A dangerous dog may be off the owner's premises only if it is
muzzled, and restrained by a leash not exceeding 3 feet in length and under the
control of an adult able bodied person. The muzzle must be made in a manner
that will not cause injury to the dog, or interfere with its vision or
aspiration, but must prevent it from biting any person or animal.
(Ord.
1724, passed 1-8-2001)
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§ 90.22
PROVISIONS REGARDING VICIOUS DOGS.
(A) No
person shall harbor, keep, possess, maintain and/or act as the custodian of any
vicious dog as defined in this subchapter within the city limits. Any dog
alleged to be vicious by verified complaint may be impounded by the Chief of
Police of the city, or by the Chief's designee, in a humane facility for the
keeping of dogs and/or the Chief of Police may within his or her discretion,
transfer physical control of the alleged vicious dog to the Administrator of
the LaSalle County Animal Control Department, consistent with the statute of
such cases made and provided, pending disposition of the verified complaint
upon which the citation for violation of this subchapter shall be issued,
and/or further pending such other action and/or disposition as may have been
undertaken by the LaSalle County Animal Control Department pursuant to its
appropriate jurisdictional remedies.
(B) No
person shall return to or harbor within the city limits of the City of LaSalle,
Illinois, a dog previously determined by either LaSalle County Animal Control
Administrator, or by a court of competent jurisdiction, to meet this subchapter's
definition of vicious dog, unless it has been determined by a higher court of
competent jurisdiction, that the determination as to the dog being vicious is
erroneous; or alternatively, that it has later been determined by the Animal
Control Administrator, and/or another court of competent jurisdiction, that the
dog no longer meets the definition of vicious dog as defined within this
subchapter. Any such vicious dog located as being harbored in and/or having
returned to the City of LaSalle, may be impounded by the Police Department,
and/or at the discretion of the Chief of Police, jurisdiction upon impoundment
may be transferred to the LaSalle County Animal Control Department in care of
the LaSalle County Animal Control Administrator.
(Ord.
1724, passed 1-8-2001)
§ 90.23
EXCEPTIONS.
No dog shall be determined vicious if it
bites, attacks or menaces a trespasser on the property of its owner, or harms
or menaces anyone who has tormented or abused the dog or is a professionally
trained dog for law enforcement, including but not limited to, those dogs that
are commonly known as K-9 control dogs.
(Ord.
1724, passed 1-8-2001)
§ 90.24
REMEDIES CUMULATIVE.
The remedies as provided to the City of
LaSalle contained herein, in reference to the registration of dogs and cats,
and registration and other provisions in reference to dangerous dogs and the
provisions in reference to vicious dogs as said terms have been defined herein,
are intended to be in addition to and not to the exclusion of the remedies of the
LaSalle County Animal Control Department and the State of Illinois. The Chief
of Police, and/or such other representatives of the City of LaSalle as deemed
appropriate shall cooperate with the LaSalle County Animal Control Department
in connection with any appropriate and/or reasonably needed investigations.
(Ord.
1724, passed 1-8-2001)
§ 90.99
PENALTY.
(A) Whoever
violates any provision of this chapter for which no specific penalty is
otherwise provided, shall be subject to the provisions of § 10.99.
(B) For
each violation of §§ 90.15 through 90.24, the court shall assess a fine of not
less than $50, and not more than $500 for each offense. Each day a violation
occurs shall constitute a separate offense, and dependent upon the facts and
circumstances, more than 1 offense of §§ 90.15 through 90.24 and more than 1
offense of any
particular
section of that subchapter may occur on a single day. In addition to the
foregoing penalties, any person who violates §§ 90.15 through 90.24 shall pay
all expenses, including shelter, food, handling, veterinary care, and expert
testimony fees necessitated by the enforcement of §§ 90.15 through 90.24.
Further, upon a finding and holding by the court that a licensee has violated
§§ 90.15 through 90.24, the City of LaSalle, at the discretion of the Mayor,
may revoke the license of the dog or cat and order the former holder of the
license to remove the dog or cat from the city.
(Ord.
1724, passed 1-8-2001)
(C) The
penalty for violation of § 90.03 shall be a minimum of $50, and a maximum of
$500 for each violation; and each violation of any portion of § 90.03 shall
constitute a separate offense.
(Ord.
2109, passed 2-11-2008)
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CHAPTER 91:
NUISANCES
Section
General Nuisance Regulations
91.01 Conditions
declared as nuisances
91.02 Duty
to maintain property
91.03 Abatement
of nuisance by owner
91.04 Failure
of owner to abate
91.05 Summary
abatement by city
91.06 Costs
of abatement constitute lien on property
Weeds
91.20 Definition;
declaration of nuisance
91.21 Compliance
with regulations required
91.22 Notice
to abate
91.23 Abatement
by city
91.24 Lien;
notice and release
91.25 Foreclosure
of lien
91.26 Remedies
cumulative
Noise Pollution
91.40 Definitions
91.41 Decibel
measurement criteria
91.42 Noise
near certain locations
91.43 Use
of radios, televisions and the like restricted
91.44 Hawkers
and peddlers
91.45 Drums
91.46 Animals
and fowl
91.47 Machinery
and equipment
91.48 Construction
projects
91.49 Vehicle
repairs
91.50 Additional
regulations
Industrial Hygiene
91.60 Ventilation
required
91.61 Crowding
of employees
91.62 Improvements
may be required
91.63 Violations
of state law; report
91.99 Penalty
Cross-reference:
Dangerous buildings, see §§ 150.20 et seq.
Trucks
with tarps as nuisances, see § 71.10
GENERAL
NUISANCE REGULATIONS
§ 91.01
CONDITIONS DECLARED AS NUISANCES.
The following acts, conduct and
conditions are hereby declared and defined to be nuisances and when committed,
performed or permitted to exist by any individual, firm, association or
corporation within the territorial limits of the city or within the extra
territorial zoning jurisdiction of the city are hereby declared to be unlawful
and prohibited.
(A) Any
act or offense which is a nuisance according to the common law or statutes of
the State of Illinois or declared or defined to be a nuisance by the ordinances
of the city.
(B) Any
condition or use of any premises or buildings or improvements located thereon
which is detrimental to the property of others or which causes or tends to
cause diminution in value of other
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property
in the neighborhood in which the premises are located, or which causes
unreasonable disturbance to another.
(C) Any
condition or use of any premises or buildings or improvements located thereon
which is detrimental to the public good or which causes an unreasonable
disturbance to another.
(D) Anything
which shall constitute the unreasonable, unwarrantable or unlawful use by a
person or 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 such material annoyance, inconvenience,
discomfort, or hurt that the law will presume an actionable nuisance.
(E) To
throw or deposit any offal or other offensive matter, or the carcass of any
dead animal in any water course, lake, pond, spring, well or common sewer,
street or public highway.
(F) To
erect, continue or use any building or other place for the exercise of any
trade, employment or manufacture, which, by occasioning noxious exaltations,
offensive smells or otherwise, is offensive or dangerous to the health of
individuals or of the public.
(G) To
obstruct or encroach upon public highways, private ways, streets, alleys,
commons, landing places, and rights-of-way.
(H) To
keep or deposit on or scatter over any premises lumber, junk, trash, debris, or
unused, unusable or inoperative objects, or equipment such as automobiles,
furniture, stoves, refrigerators, or containers.
(I) To
allow the emission of unnecessary noise from the premises including, but not
limited to the keeping of animals which cause an unreasonable disturbance to
another or to the public.
(J) The
accumulation of waste, refuse, trash or other deleterious substances on the
premises of private residences, commercial institutions and in the streets and
alleys which may cause the increase of danger of fire or the spread of
infectious, contagious and epidemic diseases or anything thereof which shall
constitute a public menace.
(K) Any
act by an owner, occupant or agent of any owner or occupant of lots, parcels or
areas which permits the premises to become unsanitary or a fire menace by
allowing any offensive or unsafe matter to grow, accumulate or otherwise occupy
and remain upon such premise.
(L) To
permit, allow or to keep any compost pile which is of such a nature as to
spread or harbor disease, emit unpleasant odors or harmful gas, or attract
rodents, vermin or other disease carrying pests, animals or insects, provided
that the presence of earthworms and a compost pile shall not constitute a
nuisance.
(M) To
place, deposit, leave or dump any trash, ashes, broken articles, garbage, junk,
refuse or waste material of any kind on any premises in the city without the
consent of the owner or tenant in possession thereof.
(N) To
own, maintain or keep a dwelling unit unfit for human habitation or dangerous
or detrimental to life, safety or health because of lack of repair, defects in
the plumbing system, lighting or ventilation, the existence of contagious
diseases or unsanitary conditions likely to cause sickness among persons
residing in said premises or residing in proximity thereof or detrimental to
the public good.
(O) To
store or place any materials in a manner which may harbor rats.
(P) To
maintain or permit the existence of any dangerous or unsanitary building or
structure.
(Q) Any
other uses or conditions of property which, due to their existence, create an
environment which could be prejudicial or detrimental to the public health or
welfare.
(R) To
park a semi-tractor and/or semi-trailer and/or to allow a semi-tractor and/or
semi-trailer to remain on premises in R-1 through R-4 inclusive (as said zoning
has been defined as set forth within City of LaSalle ordinance no. 590 as amended)
for any purpose other than delivery and/or pick up of personal property at the
residence.
(S) The
allowance of the commission (which shall be determined by either plea of guilty
or conviction) of 4 or more city ordinance violations on the premises in a 1
year period and/or the occurrence of 4 or more police service calls to the
premises in a 1 month time period and/or the occurrence of 6 or more police
service calls to the same premises within a 3 month time period, all of which
shall be considered unreasonably high and to constitute a nuisance in reference
to the premises.
(Ord.
1187, passed 9-19-1988; Am. Ord. 1771, passed 6-24-2002; Am. Ord. 2080, passed
5-21-2007) Penalty, see § 91.99
§ 91.02
DUTY TO MAINTAIN PROPERTY.
No person owning, leasing, occupying or
having charge of any premises shall maintain or keep any nuisance thereon, nor
shall any person keep or maintain such premises in a manner causing,
substantial diminution in the value of the other property in the neighborhood
in which the premises are located or which shall be harmful to anyone or the
public at large, nor shall any person allow the keeping of any animals which
shall cause unreasonable disturbance to others.
(Ord.
1187, passed 9-19-1988) Penalty, see §
91.99
§ 91.03
ABATEMENT OF NUISANCE BY OWNER.
The owner, owners, tenants, lessees,
and/or occupants of any lot within the corporate limits of the city or within
the extra-territorial jurisdiction of the city upon which such storage is made,
and also the owner, owners, and/or lessees of said personalties involved in
such storage (all of whom are hereinafter referred to collectively as owners)
shall
jointly and severally abate said nuisance by the prompt removal of said
personalty and to completely enclose buildings authorized to be used for such
storage or such other manner necessary to abate such nuisance.
(Ord.
1187, passed 9-19-1988)
§ 91.04
FAILURE OF OWNER TO ABATE.
If said owners shall allow said nuisance
to exist or fail to abate the nuisance, they, and each of them, upon conviction
thereof, shall be fined as set forth in § 91.99. In addition to the fine the owners shall be
ordered to abate the nuisance within a designated time, after which the
building inspector may proceed to abate the nuisance according to the
provisions of § 91.05.
(Ord.
1187, passed 9-19-1988)
§ 91.05
SUMMARY ABATEMENT BY CITY.
(A) Whenever,
in the opinion of the Building Inspector of the city, the maintenance or a
continuance 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 nuisance, and/or the continuation of the nuisance poses a
substantial threat of injury to persons or property or a substantial
interference with the quiet enjoyment of life normally present in the
community, the Building Inspector shall proceed to abate such nuisance;
provided, further, that whenever the owner, occupant, agent or person in
possession, charge or control of the real or personal property which has become
a nuisance is unknown or cannot regularly be found, the Building Inspector may
proceed to abate such nuisance without notice.
Where the abatement of the nuisance requires continuing acts by the
corporate authorities beyond initial summary abatement and any other additional
emergency abatement, it shall seek abatement of such nuisance on a permanent
basis through judicial process as soon as reasonably possible.
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12 LaSalle - General Regulations
(B) When
any personalty has been removed and placed in storage by the city, as provided
for herein, said personalty shall be sold by the city after the last of 30
days. If the proceeds of such sale are
insufficient to pay the cost of abatement, the owner shall be liable to the
city for the balance of the cost, jointly and severally, to be recoverable in a
suit at law. If the proceeds are in
excess of the cost, the balance shall be paid to said owners or deposited in
the city treasury for their use.
(C) The
Building Inspector or his or her duly authorized representative shall compile
the cost of such work done and improvements made in abating such nuisance and
shall charge the same against the owner of the premises. It is hereby provided that general overhead
of administrative expenses of inspection, locating the owner, issuing a notice,
reinspection and ordering such work, together with all necessary incidents of
same, shall require a charge of $100 for each lot, series of 2 or more adjacent
and contiguous lots, or tracts or parcels of acreage, and such minimum charge
is hereby established and declared to be an expense of such work and
improvement. Notwithstanding thereof,
any tabulation of recorded cost, a minimum charge of $200 shall be assessed
against each lot so improved upon the terms of this section, but such sum of
$200 is hereby expressly stated to be a minimum charge only, and shall have no
obligation when the tabulated cost of the work shall exceed such minimum
charge.
(Ord.
1187, passed 9-19-1988)
§ 91.06
COSTS OF ABATEMENT CONSTITUTE LIEN ON PROPERTY.
The Building Inspector shall compile such
cost of the work and after charging the same against the owner of the premises,
the Building Inspector shall certify a statement of such expense and shall file
the same with the County Recorder which shall create a lien upon the
property. For any such expenditures and
interest, suit may be instituted by the City Attorney and recovery and
foreclosure had in the name of the city; and the statements so made, as
aforesaid, or a certified copy thereof, shall be prima
facie
evidence of the amount expended in any such work or improvements.
(Ord.
1187, passed 9-19-1988)
WEEDS
§ 91.20
DEFINITION; DECLARATION OF NUISANCE.
(A) For
the purpose of this subchapter WEEDS are defined as follows:
jimson, burdock, ragweed, thistle, cocklebur, wild lettuce, smartweed, dog
fennel, wild carrot, wild parsnip, hogweed, dandelions, or other weeds or grass
of any description in excess of 6 inches high found existing on any lot and/or
tract of land in the city.
(B) Weeds,
as defined in division (A) above of this section, are hereby declared to be a
nuisance, and it shall be unlawful to permit any such weeds including, but not
being limited to, grass in excess of 6 inches to exist in any such place.
(Ord.
1735, passed 5-29-2001) Penalty, see §
91.99
§ 91.21
COMPLIANCE WITH REGULATIONS REQUIRED.
It shall be the duty of each and every
owner and occupier of land, jointly and severally, to comply with the terms and
provisions of this subchapter as to each and every lot or tract of land in
which any person and/or entity has an ownership and/or lease hold interest.
(Ord.
1735, passed 5-29-2001)
§ 91.22
NOTICE TO ABATE.
The Chief of Police, or any other officer
or other city agent appointed by the Chief of Police, is authorized to serve or
cause to be served a notice upon any owner and/or occupier of any premises on
which weeds as defined herein are permitted to exist in violation of the
provisions of this ordinance and to
demand
the abatement of the nuisance within 3 days. Notice to an occupant shall be
deemed sufficient if delivered to an adult resident occupying the premises that
are in violation of this subchapter; notice to an occupant shall also be deemed
sufficient as to any occupants if sent by certified mail to the person or
entity to whom the water bill and/or garbage bill for the property is then
being sent. Notice to each and every owner shall be deemed sufficient if
personally served on or sent by certified mail to the person or entity to whom
was sent the tax bill for the general taxes on the property for the last
preceding year. Additionally, if the property is in compliance within 3 days of
the original notice of alleged violation, the city may, (but is not required),
if so requested, issue a certificate of remediation to the party or parties
involved in the alleged violation. However, it is specifically provided herein
that neither remediation nor the issuance of a certificate of remediation is a
defense per se to an alleged violation of the ordinance. Remediation may be
considered by the city as a factor in the penalty sought for violation of this
subchapter.
(Ord.
1735, passed 5-29-2001)
§
91.23 ABATEMENT BY CITY.
In
addition to other remedies provided herein, if the person so served does not
abate the nuisance within 3 days, the city may proceed to abate such nuisance,
keeping an account of the expense of the abatement and such expenses shall be
charged to and paid by any owner and/or occupant in violation of this
subchapter.
(Ord. 1735, passed 5-29-2001)
§
91.24 LIEN; NOTICE AND RELEASE.
(A) In addition to the other remedies
provided herein, and otherwise by law, charges for such weed removal shall be a
lien on the premises. Whenever a bill for such charges and/or fine remain
unpaid for 30 days after it has been rendered, the City Clerk may file with the
Recorder of Deeds of LaSalle County, a statement of lien claim. The statement
of lien claim shall consist of a sworn statement setting out:
(1) A description of the real estate
sufficient for identification thereof;
(2) The amount of money representing the
cost and expense incurred or payable for the service; and
(3) The date or dates when such costs and
expense was incurred by the municipality.
(B) Notice of such lien claim shall be
personally served on or sent by certified mail to the person to whom was sent a
tax bill for the general taxes on the property for the last preceding year. The
notice of lien shall be delivered or sent after the cutting of weeds on the
property. The notice shall state the substance of that which is set forth above
herein, and shall contain a copy of this subchapter, and shall further identify
the property by common description and the location of the weeds cut.
(C) Upon the payment of the cost and expense
after notice of lien has been filed, any lien so filed shall be released by the
city, and the release may be filed of record as in the case of filing the
notice of lien. All of the recording costs in connection with recording of the
release shall be borne by the releasee.
(Ord. 1735, passed 5-29-2001)
§
91.25 FORECLOSURE OF LIEN.
The
property subject to a lien for unpaid weed cutting charges or fine, may be
foreclosed in the name of the city as in the case to the foreclosure of
statutory liens or as is otherwise allowable by law with the foreclosure
proceeding to allow collection, among other things allowable by law, in addition
to the reasonable costs of the foreclosure proceeding, including attorneys
fees, title expenses and other reasonable and customary costs in foreclosure
proceedings.
(Ord. 1735, passed 5-29-2001)
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14 LaSalle - General Regulations
§ 91.26
REMEDIES CUMULATIVE.
Each remedy herein and otherwise
allowable by law in reference to any violation coming potentially within the
parameters of this subchapter is intended to be cumulative and independent 1 to
each of the other. The city may pursue 1 and/or more of the available remedies
in the set of circumstances as the city in its discretion deems appropriate.
These remedies are not to the exclusion of 1 to another.
(Ord.
1735, passed 5-29-2001)
NOISE POLLUTION
§
91.40 DEFINITIONS.
For
the purpose of this subchapter the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
A
BAND LEVEL.
The total sound
level of all noise as measured with a sound level meter using the “A” weighing
network. The unit is the dbA.
AMBIENT
NOISE.
The
all-encompassing noise associated with a given environment, usually being a
composite of sounds with many sources near and far.
BAND-PRESSURE
LEVEL.
The
sound-pressure level for the sound contained within the restricted band.
COMMERCIAL
PURPOSE.
The use, operation, or
maintenance of any sound amplifying equipment for the purpose of advertising
any business, or any goods, or any services, or for the purpose of attracting
the attention of the public to or advertising for, or soliciting patronage or
customers to or for any performance, show, entertainment, exhibition, or event,
or for the purpose of demonstrating any such sound equipment.
CYCLE.
The complete sequence of values of a periodic
quantity which occurs during a period.
DECIBEL.
A unit of level which denotes the ratio
between 2 quantities which are proportional to power; the number of decibels
corresponding to the ratio of 2 amounts of power is 10 times the logarithm to
the base 10 of this ratio.
EMERGENCY
WORK.
Work made necessary to
restore property to a safe condition following a public calamity or work
required to protect persons or property form an imminent exposure to danger.
FREQUENCY.
Frequency of a function periodic in time
shall mean the reciprocal of the primitive period. The unit is the cycle per unit time and shall
be specified.
MICROBAR.
A unit of pressure commonly used in acoustics
and is equal to 1 dyne per square centimeter.
MOTOR
VEHICLES.
Include, but are not
limited to, mini-bikes and go-carts.
NONCOMMERCIAL PURPOSE.
The use, operation, or maintenance of any
sound equipment for other than a commercial purpose. Includes, but is not limited to,
philanthropic, political, patriotic, and charitable purposes.
PERIOD.
Period of a periodic quantity shall mean the
smallest increment of time for which the function repeats itself.
PERIODIC QUANTITY.
Oscillating quantity, the values of which
recur for equal increments of time.
SOUND ANALYZER.
A device for measuring the band pressure
level or pressure spectrum level of a sound as a function of frequency.
SOUND-AMPLIFYING EQUIPMENT.
Any machine or device for the amplification
of the human voice, music, or any other sound.
Sound-amplifying equipment shall not include standard automobile radios
when used and heard only by the occupants of the vehicle in which the
automobile radio is
installed. Sound-amplifying equipment, as used in this
subchapter, shall not include warning devices or authorized emergency vehicles
or horns or other warning devices on any vehicle used only for traffic safety
purposes.
SOUND-LEVEL METER.
An instrument including a microphone, an
amplifier, an output meter, and frequency weighting networks for the
measurement of noise and sound levels in a specified manner.
SOUND-PRESSURE LEVEL.
In decibels of a sound shall mean 20 times
the logarithm to the base 10 of the ratio of the pressure of this sound to the
reference pressure, which reference pressure shall be explicitly stated.
SOUND TRUCK.
Any motor vehicle, or any other vehicle
regardless of motive power, whether in motion or stationary, having mounted
thereon, or attached thereto, any sound-amplifying equipment.
SPECTRUM.
Spectrum of a function of time shall mean a
description of its resolution into components, each of a different frequency.
(Ord.
1119, passed 11-17-1986)
§ 91.41
DECIBEL MEASUREMENT CRITERIA.
Any decibel measurement made pursuant to
the provisions of this subchapter shall be based on a reference sound pressure
of 0.0002 microbars as measured in any octave band with center frequency, in
cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and
8,000 or as measured with a sound level meter using the “A” weighting.
(Ord.
1119, passed 11-17-1986)
§ 91.42
NOISE NEAR CERTAIN LOCATIONS.
It shall be unlawful for any person to
create any noise on any street, sidewalk, or public place adjacent to any
school, institution of learning, or church while the same is in use or adjacent
to any hospital or nursing home, which noise unreasonably interferes with the
working of such institution or which disturbs or unduly annoys patients in the
hospital or nursing home, provided conspicuous signs are displayed in such
streets, sidewalk or public place indicating the presence of a school, church,
hospital or nursing home.
(Ord.
1119, passed 11-17-1986) Penalty, see §
91.99
§ 91.43
USE OF RADIOS, TELEVISIONS AND THE LIKE RESTRICTED.
(A) It
shall be unlawful for any person within any residential zone of the city to use
or operate any radio receiving set, musical instrument, phonograph, television
set, sound amplifying equipment, or other machine or device for the producing
or reproducing of sound (between the hours of 9:00 p.m. of 1 day and 7:00 a.m.
of the following day) in such a manner as to disturb the peace, quiet, and
comfort of neighboring residents or any reasonable person of normal
sensitiveness residing in the area.
(B) Any
noise exceeding the ambient noise level at the property line of any property
(or, if a condominium or apartment house, within any adjoining apartment) by
more than 5 decibels shall be deemed to be prima facie evidence of a violation
of the provisions of this section.
(Ord.
1119, passed 11-17-1986) Penalty, see §
91.99
§ 91.44
HAWKERS AND PEDDLERS.
It shall be unlawful for any person
within the city to sell anything by outcry within any area of the city zoned
for residential uses. The provisions of
16 LaSalle - General Regulations
this
section shall not be construed to prohibit the selling by outcry of
merchandise, food, and beverages at licensed sporting events, parades, fairs,
circuses, and other similar licensed public entertainment events.
(Ord.
1119, passed 11-17-1986) Penalty, see §
91.99
§
91.45 DRUMS.
It
shall be unlawful for any person to use any drum or other instrument or device
of any kind for the purpose of attracting attention by the creation of noise
within the city. This section shall not
apply to any person who is a participant in a school band or duly licensed
parade or who has been otherwise duly authorized to engage in such conduct.
(Ord. 1119, passed 11-17-1986) Penalty, see § 91.99
§
91.46 ANIMALS AND FOWL.
No
person shall keep or maintain, or permit the keeping of, upon any premises
owned, occupied, or controlled by such person any animal or fowl otherwise
permitted to be kept which, by any sound, cry, or behavior, shall cause
annoyance or discomfort to a reasonable person of normal sensitiveness in any
residential neighborhood.
(Ord. 1119, passed 11-17-1986) Penalty, see § 91.99
§
91.47 MACHINERY AND EQUIPMENT.
It
shall be unlawful for any person to operate any machinery, equipment, pump,
fan, air-conditioning apparatus, or similar mechanical device in any manner so
as to create any noise which would cause the noise level at the property line
of any property to exceed the ambient noise level by more than 5 decibels based
on a reference sound pressure of 0.0002 microbars as measured in any
octave band center frequency, in cycles per
second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000, and for
the combined frequency bands, “A” band.
(Ord. 1119, passed 11-17-1986) Penalty, see § 91.99
§
91.48 CONSTRUCTION PROJECTS.
It
shall be unlawful for any person within a residential zone, or within a radius
of 500 feet therefrom, to operate equipment or perform any outside construction
or repair work on buildings, structures, or projects or to operate any pile
driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or
other construction type device, except to perform emergency work, between the
hours of 9:00 p.m. of 1 day and 7:00 a.m. of the next day in such a manner that
a reasonable person of normal sensitiveness residing in the area is caused
discomfort or annoyance.
(Ord. 1119, passed 11-17-1986) Penalty, see § 91.99
§ 91.49
VEHICLE REPAIRS.
It shall be unlawful for any person
within any residential area of the city to repair, rebuild, or test any motor
vehicle (between the hours of 9:00 p.m. of 1 day and 7:00 a.m. of the next day)
in such a manner that a reasonable person of normal sensitiveness residing in
that area is caused discomfort or annoyance.
(Ord.
1119, passed 11-17-1986) Penalty, see §
91.99
§ 91.50
ADDITIONAL REGULATIONS.
(A) It
shall be unlawful for any person to wilfully make or continue, or cause to be
made or continued, any loud, unnecessary or unusual noise which disturbs the
peace or quiet of any
neighborhood
or which causes discomfort or annoyance to any reasonable person of normal
sensitiveness residing in the area.
(B) The
standards which shall be considered in determining whether a violation of the
provisions of this section exists shall include, but not be limited to, the following:
(1) The volume of the noise;
(2) The intensity of the noise;
(3) Whether the nature of the noise is usual or unusual;
(4) Whether the origin of the noise is natural or unnatural;
(5) The volume and intensity of the background noise, if any;
(6) The proximity of the noise to residential sleeping facilities;
(7) The nature and zoning of the area within which the noise emanates;
(8) The density of the inhabitation of the area within which the noise
emanates;
(9) The time of the day or night the noise occurs;
(10) The duration of the noise;
(11) Whether the noise is recurrent, intermittent, or constant; and
(12) Whether the noise is produced by a commercial or noncommercial
activity.
(Ord.
1119, passed 11-17-1986) Penalty, see §
91.99
INDUSTRIAL HYGIENE
§ 91.60
VENTILATION REQUIRED.
No employer may permit any employee to
work in any factory wherein material is used producing lint, dust or other
particles which fly in the air unless same are prevented as much as practicable
by suction fans, currents of air or other means. No employer may permit any
employee to work in any factory or industry where chemical gases or fumes are
created, or where air is rendered impure without ventilating same so as to
remove impurities as much as practicable.
(1963
Code, § 7-7-2) (Ord. passed
4-21-1914) Penalty, see § 91.99
§ 91.61
CROWDING OF EMPLOYEES.
No employer may cause any employee to
work in any room where so many persons are employed as to use up fresh air
within, without providing means whereby sufficient fresh air will be either let
in or forced in. No employer may cause any employee to work in any factory at a
place so far removed from a window or other light giving aperture and so far
from artificial light as to be injurious to eyesight. When sunlight is not
adequate for work to be done, the employer shall furnish adequate artificial
light. No employer may knowingly permit any person afflicted with tuberculosis
or any other infectious or contagious disease to work in the same room with a
person not affected with such disease. A written notice signed by the Health
Officer or the Assistant Health Officer, certifying that any such person has
any such disease shall constitute knowledge of the fact.
(1963
Code, § 7-7-3) (Ord. passed 4-21-1914)
Penalty,
see § 91.99
18 LaSalle - General Regulations
§ 91.62
IMPROVEMENTS MAY BE REQUIRED.
The Health Officer is authorized and
empowered to order changes and improvements in the structure, windows,
ventilation, equipment, location of machinery, lights and air purifying devices
of any factory or working place within the city to meet the requirements of
this subchapter, but before the Health Officer shall order any such change or
new equipment he or she shall confer with the employer, and if such employer
shall voluntarily begin such change or installation of equipment within 10 days
thereafter, the Health Officer shall not order same to be done. If however the
employer refuses to comply with the request, or fails to begin improvement
within 10 days after consenting to do so, the Health Officer shall order same
to be done in a written order signed by
him or her and left with the employer. The order shall be complied with within
60 days thereafter.
(1963
Code, § 7-7-4) (Ord. passed 4-21-1914)
§ 91.63
VIOLATIONS OF STATE LAW; REPORT.
The Health Officer and his assistant
shall report all violations of state law that may come into their attention to
proper authorities.
(1963
Code, § 7-7-5) (Ord. passed 4-21-1914)
§ 91.99
PENALTY.
(A) Whoever
violates any provision of this chapter for which no specific penalty is
otherwise provided, shall be subject to the provisions of § 10.99.
(B) Whoever
violates any provision of §§ 91.01 through 91.06 shall be fined not less than
$50 nor more than $500 for each offense and a separate offense shall be deemed
committed on each day during or on which such nuisance is permitted to exist.
(Ord.
1187, passed 9-19-1988)
(C) In
addition to the other remedies provided herein, and otherwise by law, any
person, firm or corporation violating any provision of §§ 91.20 through 91.26
shall be fined not less than $100 and no more than $500 for each offense, and a
separate offense shall be deemed committed on each day during or on which a
violation occurs or continues.
(Ord.
1735, passed 5-29-2001; Am. Ord. 1970, passed 7-5-2006)
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CHAPTER 92:
FIRE PREVENTION
Section
General Provisions
92.01 Fire
limits of the city
Open Burning
92.15 Definitions
92.16 Prohibitions
92.17 Exemptions
92.18 Permits
92.19 Explosive
wastes
92.99 Penalty
Cross-reference:
Fire
Department, see §§ 33.25 through 33.33
International
Fire Code, see § 150.01
GENERAL
PROVISIONS
§ 92.01
FIRE LIMITS OF THE CITY.
(A) Follow
corporate limits.
(B) The
Fire Department shall afford the same fire protection to buildings within the
limits hereinafter described as is afforded to similar buildings within the
city limits and the Fire Department is hereby authorized and instructed to
answer all fire alarms to any fire within the limits as herein extended, the
same as though such alarm was made for protection against fire from any
locality within the city.
(1963
Code, § 4-2-2) (Ord. 412, passed
12-21-42)
OPEN BURNING
§ 92.15
DEFINITIONS.
For the purpose of this subchapter, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
AGRICULTURAL WASTES.
Any refuse, except garbage and dead animals,
generated on a farm or ranch by crop and livestock production practices,
including such items as bags, cartons, dry bedding, structural materials, and
landscape wastes.
DOMICILE WASTE.
Any refuse generated on single-family
domiciliary property as a result of domiciliary activities. The term includes landscape waste, but
excludes garbage and trade waste.
GARBAGE.
Refuse resulting from the handling,
processing, preparation, cooking, and consumption of food or food products.
LANDSCAPE WASTE.
Any vegetable or plant refuse, except
garbage. The term includes trees, tree
trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard
trimmings, and crop residues.
OPEN BURNING.
The combustion of any matter in such a way
that the products of the combustion are emitted to the open air without
originating in or passing through equipment for which a permit could be issued.
19
20 LaSalle - General Regulations
REFUSE.
Any discarded matter; or any matter which is
to be reduced in volume, or otherwise changed in chemical or physical
properties, in order to facilitate its discard, removal, or disposal.
RESTRICTED AREAS.
The area within the boundaries of any
municipality as defined in the Illinois Municipal Code, plus a zone extending 1
mile beyond the boundaries of any such municipality having a population of
1,000 or more according to the latest federal census.
TRADE WASTE.
Any refuse resulting from the prosecution of
any trade, business, industry, commercial venture, utility or service activity
and any government or institutional activity, whether or not for profit. The term includes landscape waste but
excludes agricultural waste.
(1963
Code, § 4-5-1) (Ord. 811, passed
12-20-1971)
§ 92.16
PROHIBITIONS.
(A) No
person shall cause or allow burning, except as provided in §§ 92.17, 92.18, and
92.19.
(B) No
person shall cause or allow the burning of any refuse in any chamber or
apparatus, unless such chamber or apparatus is designed for the purpose of
disposing of the class of refuse being burned.
(1963
Code, § 4-5-2) (Ord. 811, passed
12-20-1971) Penalty, see § 92.99
§ 92.17
EXEMPTIONS.
The following activities are not in
violation of this subchapter unless they cause air pollution as defined in the
Environmental Protection Act of the State of Illinois, being ILCS Ch. 415, Act
5:
(A) The
open burning of agricultural waste, but only:
(1) On the premises on which such waste is generated;
(2) In areas other than restricted areas;
(3) When atmospheric conditions will readily
dissipate contaminants;
(4) If such burning does not create a visibility hazard on roadways,
railroad tracks, or air fields;
(5) More than 1000 feet from residential or other populated areas; and
(6) When it can be affirmatively demonstrated that no economically
reasonable alternative method of disposal is available.
(B) The
open burning of domicile waste, but only:
(1) On the premises on which such waste is generated;
(2) In areas other than restricted areas;
(3) When atmospheric conditions will readily dissipate contaminants;
and
(4) If such burning does not create a visibility hazard on roadways,
railroad tracks, or air fields.
(C) The
setting of fires to combat or limit existing fires, when reasonably necessary
in the judgment of the responsible government official.
(D) The
burning of fuels for legitimate campfire, recreational, and cooking purposes,
or in domestic fireplaces, in areas where such burning is consistent with other
laws, provided that no garbage shall be burned in such cases.
(E) The
burning of waste gases, provided that in the case of refineries all such flares
shall be equipped with smokeless tips of comparable devices to reduce
pollution.
(F) Small
open flames for heating tar, for welding, acetylene torches, highway safety flares,
and the like.
(G) Leaves
may be burned on city streets or public ways, and upon private property,
provided that no leaves shall be burned on bituminous surfaces or black top
streets or alleys; and provided further, that when leaves are burned on city
streets and alleyways, as above provided, the ashes shall be picked up, and
placed in containers for removal. It
shall be unlawful to burn leaves in the city before 10:00 a.m. or after 4:00
p.m. on any day. Additionally, it shall be unlawful to burn leaves on any day
at any time after rain and/or snow commences on a given day, and it shall
additionally be unlawful to burn any such leaves within 48 hours subsequent to
the ceasing of any rain and/or snow. This division (G) shall not alter, or
affect, prohibitions against open burning of trees, paper, grass clippings,
vegetable matter or garbage.
(1963
Code, § 4-5-3) (Ord. 811, passed
12-20-1971; Am. Ord. 830, passed 9-24-1973; Am. Ord. 1483, passed
10-24-1994) Penalty, see § 92.99
§ 92.18
PERMITS.
Open burning shall be exempt from the
provisions of this subchapter if the person who performs or permits such open
burning shall exhibit to a responsible governmental official a permit for such
open burning issued by the State Environmental Protection Agency in any of the
following instances:
(A) For
instruction in methods of firefighting; or for testing of equipment for
extinguishing fires, of flares and signals, or of experimental incinerators, or
for research in control of fires;
(B) For
the destruction of vegetation on site under circumstances in which its removal
would necessitate significant environmental damage;
(C) For
research or management in prairie or forest ecology;
(D) For
the destruction of landscape wastes, provided that such burning shall not
occur:
(1) In restricted areas, unless burning is conducted with the aid of
an air-curtain destructor or comparable device to reduce emissions
substantially;
(2) Within 1000 feet of any residential or other
populated area; or
(3) After July 1, 1972, except with the aid of an air-curtain
destructor or comparable device to reduce contaminant emissions substantially.
(E) For
the destruction of oil sludges in petroleum production for safety reasons where
alternative means including product recovery are impracticable; provided, that
when emergency conditions require, such burning may be done without a permit,
and a report shall be filed with the city and with the State Environmental
Protection Agency within 10 days thereafter, indicating the place and time of
such burning, the quantities burned, the meteorological conditions, and the
reasons why emergency burning was necessary.
(1963
Code, § 4-5-4) (Ord. 811, passed
12-20-1971)
§ 92.19
EXPLOSIVE WASTES.
Open burning of wastes creating a hazard
of explosion, fire, or other serious harm, unless authorized by other
provisions of this subchapter, shall be permitted only upon the exhibition of a
grant of a variance issued by the Environmental Protection Agency to the person
proposing to conduct such open burning.
(1963
Code, § 4-5-5) (Ord. 811, passed
12-20-1971) Penalty, see § 92.99
§ 92.99
PENALTY.
(A) Whoever
violates any provision of this chapter for which no specific penalty is
otherwise provided, shall be subject to the provisions of § 10.99.
(B) (1) Violation of any provision of §§ 92.15
through 92.19, except as provided in division (2) below, shall subject the
violator to a fine of not less than $25 nor more than $500 for each such
violation.
22 LaSalle - General Regulations
Each
day a violation is permitted to continue shall constitute a separate and
distinct violation of those sections.
(Ord.
811, passed 12-20-1971)
(2) Any violation of § 92.17(G) shall be punishable by a fine not less
than $50 nor more than $500.
(Ord.
1483, passed 10-24-1994)
CHAPTER 93:
STREETS AND SIDEWALKS
Section
General Provisions
93.001 Deposit
of injurious material unlawful
93.002 Discharge
of grass clippings or other vegetation
93.003 Water
flowing upon streets
93.004 Window
sills to be kept clear
93.005 Use
of skateboards prohibited
93.006 Playing
ball on streets prohibited
93.007 Picketing
93.008 Expectorating
on sidewalk unlawful
93.009 City
responsibility regarding damage to mailboxes
Encroachment on Right-of-Way
93.020 Definitions
93.021 Encroachment
unlawful
Curb Cuts and Driveways
93.035 Permission
required
93.036 Information
to be provided
93.037 Agreement
in writing
93.038 Construction
requirements
93.039 Violations
Sidewalk Construction
93.050 Cost
of construction
93.051 Special ordinance required
93.052 Sidewalk specifications
93.053 Material; approval required
93.054 Subgrade; payment by city
93.055 Notice to property owners
93.056 Survey required
93.057 Local improvement declared
93.058 Property owners to construct sidewalks
93.059 Notice
of construction to city
93.060 Refusal of owner to construct
93.061 Assessment of cost against property
93.062 Special tax list; collection
93.063 Delinquent tax payments
93.064 Procedure; authority
Street Grades
93.075 Sidewalks to conform
93.076 Railroad tracks to conform
93.077 Bridges and culverts to conform
93.078 Datum plane established
93.079 Grades established
House Numbering
93.090 Numbering
required
93.091 Designation of numbers
93.092 Numbers to be legible
Excavations
93.105 Compliance with regulations, permission
required
93.106 Bond required
93.107 Excavation must be protected
Sidewalk Obstructions
93.120 Corner lots; obstruction to view
93.121 Obstructions along sidewalk line
93.122 Obstructions along alleys
93.123 Obstructions at intersections
93.124 Merchandise on sidewalks prohibited
93.125 Building material on sidewalks or streets
2010
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24 LaSalle - General Regulations
93.126 Litter prohibited
93.127 Encroachments; sidewalk vaults
93.999 Penalty
GENERAL
PROVISIONS
§ 93.001
DEPOSIT OF INJURIOUS
MATERIAL UNLAWFUL.
It shall be unlawful for any person to
deposit, place, or allow to remain in or upon any public thoroughfare any
material or substance injurious to person or property.
(1963
Code, § 6-2-26) Penalty, see § 93.999
§ 93.002
DISCHARGE OF GRASS CLIPPINGS
OR OTHER VEGETATION.
(A) No
person shall discharge or permit the discharge of grass clippings, or clippings
from other vegetation upon any public street, alley, or other city property in
the city. Any clippings which may be so
discharged shall be immediately removed by the persons causing or permitting such
discharge.
(B) Since
any clippings left unremoved for more than 1 day, in any city street, alley, or
other city property might cause clogging of the city sewer system, such
clippings shall be deemed to be abandoned; the city is hereby empowered to pick
up such abandoned clippings, and the costs shall be paid by the owner of the
property. Such costs shall be based upon a charge of $10 for each 15 minutes of
time spent at any location within the city for the pick up of such abandoned
clippings.
(Ord.
1469, passed 8-1-1994)
§ 93.003
WATER FLOWING UPON STREETS.
It shall be unlawful for any person to
allow any water to flow into or upon any public thoroughfare.
(1963
Code, § 6-2-50) Penalty, see § 93.999
§ 93.004
WINDOW SILLS TO BE KEPT
CLEAR.
It shall be unlawful for any person to
place or keep on any window sill, porch, or other projection above the first
story of any building abutting on any sidewalk any article which might do
injury by falling upon any person on the sidewalk in front of such building,
unless said article be securely fastened or protected by screens.
(1963
Code, § 6-2-52) Penalty, see § 93.999
§ 93.005
USE OF SKATEBOARDS
PROHIBITED.
The use of skateboards on streets,
alleys, and sidewalks, in commercially (C-1 through C-4) zoned portions of the
city, is hereby prohibited. It shall be unlawful for any person to henceforth
ride and/or move in any manner whatsoever on a skateboard within commercially
(C-1 through C-4) zoned portions of the city.
(Ord.
1285, passed 4-29-1991) Penalty, see §
93.999
§ 93.006
PLAYING BALL ON STREETS
PROHIBITED.
It shall be unlawful for any person to
play ball or throw any ball to and fro upon any public thoroughfare in the
municipality.
(1963
Code, § 6-2-36) Penalty, see § 93.999
§ 93.007
PICKETING.
It shall be unlawful for any person, not
an employee, past, present or expectant, of the owner or proprietor of the
business attempted to be picketed and who has no personal dispute with the
owner or proprietor concerning terms and conditions of employment to stand, sit
or walk on any street or sidewalk in the city with the intent and purpose of
dissuading or discouraging any person from patronizing the place of business.
(1963
Code, § 6-2-37) Penalty, see § 93.999
§ 93.008
EXPECTORATING ON SIDEWALK
UNLAWFUL.
It shall be unlawful for any person to
expectorate or spit upon any sidewalk or upon the floor of any public building
or room used for public assemblies.
(1963
Code, § 6-2-20) Penalty, see § 93.999
§ 93.009
CITY RESPONSIBILITY REGARDING DAMAGE TO MAILBOXES.
In the event of municipal snowplowing
and/or other activity by the city or a city representative along the streets of
the city which results in direct contact damaging a mailbox, the city declares
that it should have very little, if any, liability regarding damage to
mailboxes constructed with masonry columns, railroad rails and ties, tractor
wheels, plow blades, milk cans and barrels filled with concrete or sand, which
types of mailboxes are discouraged, and that in any event, the city's liability
and responsibility regarding such mailboxes or damage to any other types of
mailbox or supporting structure to a mailbox sha