Waterman City Zoning Code
TITLE 4
PUBLIC HEALTH AND SAFETY
4-1-1: DEPARTMENT CREATED; COMPOSITION:
There is hereby created and established a department of the Village government which shall be known as the Police Department. The Police Department shall consist of the Chief of Police and such other police officers as may be appointed, hired or otherwise retained from time to time by the Mayor with the advice and consent of the Village Board of Trustees. (Ord. 2004-23, 12-14-2004)
4-1-2: CHIEF OF POLICE:
A. Office Created: There is hereby created and established the Office of Chief of Police.
B. Appointment And Term: The Chief of Police shall be appointed by the Mayor with the advice and consent of the Village Board of Trustees. The term of office of the Chief of Police shall be four (4) years and shall run concurrently with the term of the Mayor.
C. Powers And Duties:
1. Rules And Regulations: The Chief of Police shall make or prescribe such rules and regulations for the conduct and guidance of the members of the Police Department as he or she shall deem advisable, and such rules, when approved by the Village Board of Trustees, shall be binding on such members.
2. Attend Meetings; Execute Orders And Processes: The Chief of Police shall attend, when requested by the Mayor, either in person or by deputy, all meetings of the Village Board of Trustees, execute all its orders and close the Board chamber upon the adjournment of that body. The Chief of Police shall also execute all warrants or other legal process required to be executed by him or her under any ordinance of the Village or laws of the State.
3. Custodian Of Lost, Abandoned And Stolen Property: The Chief of Police shall be the custodian of all lost and abandoned or stolen property in the Village.
4. Minors: The Chief of Police shall ensure that the Police Department complies with the requirements of section 3 of the Minor Identification and Protection Act, enacted by the 83rd General Assembly as found in 325 Illinois Compiled Statutes 45/3. (Ord. 2004-23, 12-14-2004)
4-1-3: RESIDENCY:
A. Chief Of Police: During his term of office, the Chief of Police shall reside within thirty (30) miles of the Village of Waterman.
B. Other Police Officers: Pursuant to 65 Illinois Compiled Statutes 5/3.1-10-6(c), no other part time police officer appointed, hired or otherwise retained by the Village shall be required to reside within the corporate limits of the Village, both at the time of appointment or while serving as a police officer. (Ord. 2019-04, 6-11-2019)
4-1-4: OATH OF OFFICE:
As required by 65 Illinois Compiled Statutes 5/3.1-10-25, the Chief of Police and all other police officers appointed, hired or retained by the Village shall, before entering upon the duties of their respective offices, take and subscribe the oath or affirmation required of them by the Illinois Constitution and file same with the Village Clerk. (Ord. 2004-23, 12-14-2004)
4-1-5: DUTIES OF DEPARTMENT MEMBERS; SUPERVISION:
The Chief of Police and all other members of the Police Department shall perform all duties prescribed by the Village Board of Trustees for the preservation of the public peace and shall enforce all the laws of the Village, the State and the United States of America. The Chief of Police shall be responsible for the performance of the Police Department, and all persons who are members of the department shall serve subject to the orders of the Chief of Police. (Ord. 2004-23, 12-14-2004)
4-1-6: SERVE AS WITNESSES:
It shall be the duty of each and every member of the Police Department to appear, as may be necessary, as a witness in the prosecution of a violation of a Village ordinance or of any State or Federal law. No member shall retain any witness fees for service as a witness in any action or suit to which the Village is a party, and fees paid for such services shall be turned over to the Chief of Police, who shall deposit same with the Village Hall. (Ord. 2004-23, 12-14-2004)
4-1-7: REMOVAL FROM OFFICE:
Any member of the Police Department who shall neglect or refuse to perform any duty required of him or her by the ordinances or resolutions of the Village or the rules and regulations of the Police Department, or who shall, in the discharge of his or her official duties, be guilty of fraud, favoritism, extortion, oppression or wilful wrong or injustice, shall be subject to removal from office. This provision is not intended to operate in any way as a limitation upon the Village's ability to act as an "at will" employer. (Ord. 2004-23, 12-14-2004)
4-1-8: PART TIME POLICE:
A. Employment: The Village of Waterman may employ part time police officers from time to time as they deem necessary.
B. Duties: A part time police officer shall have all the responsibilities of a full time police officer and such specific duties as delineated in the general orders of the Waterman Police Department, but the number of hours a part time officer may work within a calendar year is restricted. Part time police officers shall not be assigned to supervise or direct full time police officers. Part time police officers shall be trained in accordance with the Illinois Police Training Act 1 and the rules and requirements of the ILETSB.
C. Hiring Standards: Any person employed as a part time police officer must meet the following standards:
1. Be of good moral character, of temperate habits, of sound health, and physically and mentally able to perform assigned duties.
2. Be at least twenty one (21) years of age.
3. Pass a medical examination.
4. Possess a high school diploma or GED certificate.
5. Possess a valid State of Illinois driver's license.
6. Possess no prior felony convictions.
7. Any individual who has served in the U.S. military must have been honorably discharged.
D. Discipline: Part time officers shall be under the disciplinary jurisdiction of the Chief of Police. Part time police officers serve at the discretion of the Village authorities, shall not have any property rights in said employment, and may be removed by the Village authorities at any time. Part time police officers shall comply with all applicable rules and general orders issued by the Police Department. (Ord. 2012-15, 6-12-2012)
4-1-9: CRIMINAL HISTORY REPORTS:
The Waterman Police Department is authorized to provide criminal history reports for individuals for an administrative fee, the amount to be determined from time to time by the Chief of Police, unless otherwise prohibited by statute. (Ord. 2015-08, 7-14-2015)
4-1-10: AUXILIARY POLICE:
A. Appointment: The Village of Waterman may appoint auxiliary police officers in such number as they from time to time deem necessary.
B. Status: Auxiliary police officers shall not be "conservators of the peace", as specified in section 65 Illinois Compiled Statutes 5/3.1-15-25, unless such auxiliary police officer has received a certificate attesting to the successful completion of all required training courses mandated and administered by the Illinois Law Enforcement Training and Standards Board. Auxiliary police officers shall not be considered to be members of the regular Police Department, and shall not supplement members of the regular Police Department of the Village in the performance of their assigned and normal duties except as otherwise provided herein.
C. Identification Symbol: Identification symbols worn by the auxiliary police officers shall be different and distinct from those used by the regular Police Department.
D. Supervision: Auxiliary police officers shall, at all times during the performance of their duties, be subject to the direction and control of the Chief of Police of the Village.
E. Powers And Duties: Auxiliary police officers shall only be assigned to perform the following duties in the Village:
1. To aid or direct traffic within the Municipality,
2. To aid in control of natural or man-made disasters, and
3. To aid in case of civil disorder as directed by the Chief of Police.
F. Hiring Standards: No person shall be appointed as an auxiliary police officer who has not been fingerprinted, subject to a background check, and found to have never been convicted of a felony or other crime involving moral turpitude. Auxiliary police officers are not required to be residents of the Municipality, but shall only be considered for appointment after first meeting the following minimum qualifications:
1. Be no younger than twenty one (21) years of age at the time of appointment.
2. Have earned a high school diploma, or equivalent.
3. Be a United States citizen.
4. Possess a valid driver license.
5. Be of good moral character.
6. Any other requirements as set forth in the General Orders, policies, or directives of the Waterman Police Department, or at the direction of the Chief of Police of the Waterman Police Department.
G. Line Of Duty Compensation Act: The Line of Duty Compensation Act shall be applicable to auxiliary police officers upon their death in the line of duty. (Ord. 2017-10, 7-18-2017; amd. Ord. 2024-02, 6-11-2024; Ord. 2024-05, 6-11-2024)
4-2-1: CERTAIN ANIMALS PROHIBITED; NUISANCE DECLARED; IMPOUNDMENT:
A. It shall be unlawful and a nuisance for any person to keep or harbor any livestock or nondomesticated animals including, but not limited to, horses, cattle, swine, sheep or goats within the Village limits. Authorized officers and employees of the Village may impound animals found in violation of this section. (1999 Code § 4.01; amd. 2005 Code)
B. It shall be unlawful and a nuisance for any person to keep or harbor any fowl including, but not limited to, geese, ducks, turkeys, or other poultry within Village limits except domestic hens. Authorized officers and employees of the Village may impound fowl in violation of this subsection. (Ord. 2019-01, 3-12-2019)
4-2-2: RUNNING AT LARGE, DISTURBING THE PEACE, AND REMOVAL OF ANIMAL WASTE:
A. Running At Large:
1. Prohibited; Leash Requirements: No person owning, possessing, keeping or harboring any dog or cat within the Village shall knowingly or negligently permit the dog or cat to run at large within the Village. Dogs at all times shall be kept on a leash no longer than six feet (6') and must be in the presence of a person capable of controlling the dog, except when confined within or on the premises of the owner or possessor thereof.
2. Impoundment And Redemption: Any dog or cat found running at large in violation of this subsection may be impounded and declared to be a stray and may be disposed of by the Village or any officer thereof by delivery to some proper person able and willing to provide proper care and keep therefor. The owner of any dog or cat impounded pursuant to this subsection shall be liable to the Village for the cost of care and keep of such dog or cat while such dog or cat is impounded and shall pay the full cost thereof upon demand by an authorized officer or agent of the Village.
B. Disturbing The Peace: It shall be unlawful for the owner or person in charge or control of any dog or for any person who has the authority or power to prevent the same to suffer or permit any such dog, by barking, howling, crying or other distracting or loud or unusual noise, to disturb the peace or quiet of any place, neighborhood or family or person in the Village. The disturbing of the peace or quiet of any place or neighborhood or family or person by any such dog is hereby declared to be a nuisance, and it shall be unlawful for any person to suffer or permit any such nuisance to exist. (Ord. 2011-11, 7-12-2011)
C. Removal Of Animal Waste:
1. Any owner or custodian of a domesticated animal including, but not by way of limitation, cats and dogs, are prohibited from allowing the domesticated animal from defecating on streets, sidewalks, public ways, and others' private property and failing to immediately clean up the excrement and disposing of it with an appropriate device or bag intended for that purpose.
2. Failure to comply with this subsection shall be punishable by the imposition of a fifty dollar ($50.00) fine per occurrence. (Ord. 2012-21, 10-9-2012)
4-2-3: NUMBER OF DOGS AND CATS:
A. Number Restricted: No person shall own, possess, keep or harbor more than two (2) dogs and two (2) cats in any residence within the Village.
B. Puppies And Kittens: The owner or person who has custody of a dog or cat may retain the puppies or kittens, born of said dog or cat, exceeding the permissible numbers set forth in subsection A of this section for twelve (12) weeks after the birth of the animals. If, after that time, there are more than two (2) dogs and two (2) cats in any one residence or apartment, the owner or person in custody of the dogs or cats will be in violation of this section.
C. Existing Conditions; Special Permit: Any person who lawfully owned more than two (2) dogs or two (2) cats prior to the enactment of this section may retain their animals, provided they obtain a special permit from the Chief of Police. The special permit shall be for a term of one year, and no renewal shall be issued without subsequent inspection. If for any reason an animal is lost, sold, given away or dies and there still remains in the residence or apartment two (2) or more dogs or two (2) or more cats, there can be no replacement of the lost, sold, given or deceased animal. A special permit shall be issued if, after inspection, it is determined by the Chief of Police or his representative that:
1. The animals in the owner's possession are not creating a nuisance;
2. There is adequate waste disposal; and
3. There is not a hazard to the public safety, health or welfare. (1999 Code § 4.02)
4-2-4: PENALTY:
Any person violating any of the provisions of this chapter shall be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense. (1999 Code § 4.03)
4-2-5: CHICKENS:
A. Up to six (6) domestic hens may be kept on properties zoned and occupied for residential use only. Roosters are prohibited.
B. No person shall slaughter any chickens in Village limits.
C. Chickens shall be provided with the following:
1. Chicken area that is no less than thirty six (36) square feet;
2. Chicken area must include an enclosure with laying area/box; and
3. Access to electricity in the winter months and shall not be provided by an extension cord or cords.
D. Chickens may also be allowed free range in the chicken area with fencing at least three feet (3') in height.
E. The chicken area shall be set back:
1. Five feet (5') from the owner's property line;
2. Twenty five feet (25') from any adjacent occupied residential structure, other than that of the owner; and
3. Fifty feet (50') from all streets and alleys.
F. All chickens shall be kept in a rear yard.
G. Hens shall be kept in the chicken area at all times. All areas where chickens are kept shall be kept neat and clean and free of accumulation of waste such as to not cause odors detectable on adjacent property. All refuse shall be disposed of in a clean and sanitary fashion.
H. All feed shall be kept in containers that are rodent-proof until put out for consumption.
I. A building permit shall be required for all enclosures and shall incur a permit fee.
J. All persons keeping chickens in the village shall submit a "Keeping of Chickens" permit application and pay a forty-five dollar ($45.00) non-refundable fee due at the time the building permit application is submitted. Chickens cannot reside in the enclosure until the enclosure has passed a final inspection, been approved by the Building Inspector, and has homeowner's and/or homeowner's association approval, on the form.
K. All persons keeping chickens in the village shall submit a permit registration renewal annually and shall incur a renewal permit fee of forty-five dollars ($45.00).
L. Failure to comply shall result in a penalty as outlined in section 4-2-4 of this chapter. Repeated or egregious violations will result in impoundment and permanent revocation of permit. (Ord. 2019-01, 3-12-2019; amd. Ord. 2019-10, 12-10-2019)
4-3-1: INTERFERENCE WITH VILLAGE OFFICERS AND EMPLOYEES:
No person shall interfere with any village officer or employee engaged in the performance of his duties. (1999 Code § 15.01)
4-3-2: INDECENT CONDUCT:
It shall be unlawful for any person to appear in a state of nudity or in any indecent condition in any public place or in any such place to make any indecent exposure of his or her person or private parts thereof or the private parts of another or to conduct himself in a lewd or lascivious manner. (1999 Code § 15.04; amd. 2005 Code)
4-3-3: PENALTY:
Any person violating any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense unless otherwise specified herein. (1999 Code § 15.06)
4-4-1: TOBACCO PRODUCTS:
A. Sales, Possession:
1. No person under twenty-one (21) years of age shall buy any tobacco product, electronic cigarette, or alternative nicotine product. No person shall sell, buy for, distribute samples of any tobacco product, electronic cigarette, or any alternative nicotine product to any person under twenty-one (21) years of age.
2. Signs informing the public of the age restrictions provided for in this subsection shall be posted by every person or business engaging in the sale of tobacco at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW.
3. Sales by Minors. No person under sixteen (16) years of age may sell any tobacco product, electronic cigarette, or alternative nicotine product at a retail establishment. This subsection does not apply to a salesclerk in a family-owned business which can prove that the salesclerk is in fact a son or daughter of the owner.
4. Purchase by Minors:
a. It shall be unlawful for any person under the age of twenty-one (21) years to purchase tobacco products, electronic cigarettes, or alternative nicotine products.
b. Before selling, offering for sale, giving, or furnishing a tobacco product, electronic cigarette, or alternative nicotine product to another person, the person selling, offering for sale, giving or furnishing the tobacco product, electronic cigarette, or alternative nicotine product shall verify that the person is at least twenty-one (21) years of age by examining a government-issued photographic identification that establishes the person to be twenty-one (21) years of age or older; or
c. For sales of tobacco products, electronic cigarettes, or alternative nicotine products through the Internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is twenty-one (21) years of age or older.
d. No person under the age of twenty-one (21) shall display or use a false or forged identification card to purchase or obtain any tobacco product, electronic cigarette, or alternative nicotine product.
5. Proximity To Certain Institutions: It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within five hundred feet (500') of any school, childcare facility or other building used exclusively for education or recreational programs for persons under the age of eighteen (18) years, as measured from property line to property line.
6. Penalty: If a person under twenty-one (21) years of age violates this subsection, the person shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each offense.
7. For the purpose of this Section:
a. "Alternative nicotine product" means a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" does not include cigarettes as defined in Section 1 of the Tobacco Products Act of 1995.
b. "Electronic cigarette" means:
(1) Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; or
(2) Any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or
(3) Any solution or substance, whether it contains nicotine intended for use on this devise or not.
(4) "Electronic cigarette" includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device and any component or parts that can be used to build the product or device. "Electronic cigarette" does not include cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Act of 1995.
B. Use, Possession Near Schools: It shall be unlawful for any person under the age of twenty-one (21) to use or possess any tobacco product, electronic cigarette, or alternative nicotine product, as defined above, within five hundred feet (500') of any elementary or secondary school as measured from the property line of such school. Any person violating this subsection shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense.
(1999 Code §§ 15.03 and 15.05; Ord. 96-18, 10-8-1996; 2005 Code; Ord. 2023-09, 8-8-2023)
4-4-2: CURFEW:
A. Children On Streets At Night: It is unlawful for a person less than seventeen (17) years of age 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 subject to one of the defenses permitted to minors subject to curfew as set forth in 720 Illinois Compiled Statutes 555/1(c):
1. Between eleven o'clock (11:00) P.M. on Friday and six o'clock (6:00) A.M. Saturday;
2. Between eleven o'clock (11:00) P.M. on Saturday and six o'clock (6:00) A.M. Sunday;
3. Between ten o'clock (10:00) P.M. on Sunday to Thursday inclusive and six o'clock (6:00) A.M. on the following day.
It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his or her custody or control to violate this subsection A.
B. Detaining Minor: Every member of the police department, having reasonable grounds to believe that a minor has violated the provisions of subsection A of this section, is hereby authorized to detain any such minor until the parent or guardian of the minor shall take him or her into custody, but such officer, upon taking custody of the minor, shall without unnecessary delay, communicate with the parent or guardian of said minor.
C. Penalties: Any person violating any provision of this section shall be punishable by the general penalty provisions of section 1-4-1 of this code and in conformance with the provisions of 65 Illinois Compiled Statutes 5/1-2-1 which entitle said penalty to consist of education or public service requirements in addition to, or in lieu of, a fine. (Ord. 2011-03, 3-8-2011)
4-5-1: NUISANCES ENUMERATED:
It is hereby declared to be a public nuisance for any person within the limits of the village or within its territorial jurisdiction:
A. Offensive Odors: To so negligently conduct any business or use any premises as to create such an offensive smell as to taint the air and render it unwholesome or disagreeable to the neighborhood.
B. Offensive Or Unwholesome Business: To establish, maintain and carry on any offensive or unwholesome business.
C. Renderies, Tanneries: To locate and carry on, without having obtained permission of the board of trustees to do so, any packing house, renderers, tallow chandlers, glue or bone factories, soap factory or tannery.
D. Breweries And Distilleries: To locate in the village, without first having obtained permission of the board of trustees to do so, any brewery or distillery.
E. Slaughterhouses: To slaughter or kill any meat, cattle, hogs or sheep, or keep, maintain or use therein for any house or place in which the business of slaughtering any of said animals may be carried on in the village without a permit to do so from the board of trustees.
F. Foul Substances: To cause or suffer the carcass of any animal or vegetable matters, slop, swill, suds, garbage, filth, stable drippings or offal or noisome substances of any kind to be collected, deposited or to remain in any place in the village to the prejudice of others.
G. Offensive Premises: To keep, or suffer to be kept, in a foul, offensive, nauseous or filthy condition any chicken coop, stable, cellar, drain, pool, toilet, sewer or sink, upon any premises belonging to or occupied by a person, or any railroad car, building, yard, grounds, and premises belonging to or occupied by a person.
I. Cellars, Sewers And Drains: To suffer or permit any cellar, vault, private drain, pool, sewer or sink upon any premises belonging to or occupied by a person to become nauseous, foul, offensive or injurious to the public health. (1999 Code § 18.01)
J. Offensive Matter In Watercourses: To throw or deposit, or cause to be thrown or deposited, any offal or any offensive matter, or the carcass of any animal, or any dirt, filth, rubbish, waste, stone, material, thing or property of any kind in any watercourse, pond, spring or well on any land. For the purpose of this section, "watercourse" shall mean a manmade or natural channel in which a flow of water occurs, either continuously or intermittently. (Ord. 2004-21, 8-10-2004)
K. Polluting Water Supply: To corrupt or render unwholesome or impure the water of any drinking hydrant, spring, stream, pond or lake, to the injury or prejudice of others.
L. Depositing Offensive Substances In Public Ways Or On Property: To deposit any night soil, dead animal or other filthy, offensive or noisome substance upon any lot, street, alley, highway, park or other place.
M. Railroad Cars, Stockyards: To own, keep or use any railroad car, yard, place or premises in or upon which cattle, swine or sheep shall be confined or kept.
N. Mosquito Breeding Places: To keep or suffer any low lying swampy land with poor drainage or artificially impounding and retaining of water until it becomes stagnant so as to be susceptible to becoming a mosquito breeding place. (1999 Code § 18.01; amd. 2005 Code)
O. Weeds: To permit the growth upon any premises in the village of any noxious weeds, including, but not limited to, buckthorn, bull nettle, burdock, Canada thistle, cocklebur, curled dock, dodders, field bindweed, giant foxtail, hoary cress, Jimson weed, Johnson grass, leafy spurge, ox-eye daisy, perennial sow thistle, quack grass, ragweed, Russian knapweed, sweet clover, wild carrot, wild garlic, wild mustard or like weeds; or to permit any weeds, grasses or plants, other than trees, bushes, flowers or other ornamental plants, to grow to a height exceeding eight inches (8") anywhere in the village, or to permit any premises to become grown up with weeds and brush so that the same becomes injurious to the health of the community. (Ord. 2015-12, 10-13-2015)
P. Certain Trees: To plant or permit the growth of cottonwood trees or box elder trees upon any premises to the injury or prejudice of others.
Q. Storage Of Junk: For the owner, occupant or the agent of any owner or occupant of real property within the village to deposit, store or abandon junk, trash and refuse on private or public property within the village where such storage is not specifically authorized under the provisions of the zoning regulations of the village. "Junk, trash and refuse" are defined herein to include any and all waste matter, whether reusable or not, which is offensive to the public health, safety or to the aesthetics of the neighborhood and which may become stagnant or foul or be a possible harborage for rats, snakes and other vermin and is specifically intended to include, but not be limited to, paper, wrappings, cigarettes, cardboard, cans, containers, debris, old lumber, yard clippings, wood, glass, bedding, crockery and similar materials, old refrigerators, stoves, freezers, upholstered furniture, tractors, machinery of any kind, inoperable or abandoned motor vehicles and a motor vehicle not currently licensed by the state of Illinois or other state or country, exposed to the view of the general public and not either enclosed in a building or structure, or located on the sales lot of a licensed automobile dealer.
R. Smoke: To allow or permit any dense smoke to come or be emitted from any chimney or engine within the village.
S. Excessive Illumination: To permit any lighting within any property that unnecessarily illuminates any other property and substantially interferes with the use or enjoyment of such other property. In furtherance of this requirement, all lighting on private property shall be so arranged or designed using cutoff lenses as to direct light away from adjoining premises and streets. Flood and spot lights shall be shielded when necessary to prevent glare on adjoining properties or public rights of way and to avoid visual interference with traffic control devices. Detailed lighting design plans and calculations shall be provided when deemed necessary by the superintendent of public works.
T. Dangerous Conditions: To cause, permit or maintain any other act or condition which is injurious or dangerous to the public health, or which causes injury, annoyance or inconvenience to the public.
U. Liquor: To sell directly or indirectly, or keep for sale, or give away in any place in the village, intoxicating malt, vinous, mixed or fermented liquors, or other like drinks, in any quantity whatever, unless the same shall be kept, sold or given away under a permit or license duly granted by the village 2 .
V. Encroaching Upon Highways And Streets: To construct or encroach upon public highways, private ways, streets, alleys or commons 3 .
W. Cemeteries: To establish a cemetery within the corporate limits of the village or within one mile of the limits thereof, without first having obtained permission to do so by ordinance of the board of trustees.
X. House Of Prostitution: To conduct or carry on any house of ill fame or assignation where men and women resort for the purpose of prostitution or lewdness.
Y. Statutory Nuisances: To cause or maintain any nuisance defined as such by the Illinois Compiled Statutes. (1999 Code § 18.01; amd. 2005 Code)
4-5-2: DUTCH ELM DISEASE:
A. Nuisance Declared: No person owning real estate within the village shall permit to grow thereon or remain thereon any elm tree infected with Dutch elm disease, and to do so is hereby declared to be a nuisance.
B. Removal Required: The owner of any premises within the village upon which there is an elm tree infected with Dutch elm disease shall remove the same immediately upon discovering it, by cutting the same down. The tree so cut down, together with all its limbs, shall be cut into lengths not to exceed four feet (4') and placed upon the parkway in the street to be removed by the village. Upon so cutting the trees and placing them upon the parkway, the owner of said property shall notify the village public works superintendent in order that the same may be removed by the village. (1999 Code § 18.02)
4-5-3: ABATEMENT PROCEDURES:
A. Generally:
1. Notice To Abate: It is hereby made the duty of the village chief of police or his designee to serve a notice in writing upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises in or upon which any nuisance may be found requiring him to abate the same within a time specified in such manner as the chief of police or his designee shall prescribe. It shall not be necessary in any case to specify in what manner the nuisance shall be abated.
2. Failure To Abate; Summary Abatement: If the person so notified shall refuse or neglect to comply with such order within the time and manner specified, the chief of police or his designee shall cause the summary abatement of such nuisance at the expense of the person responsible for the same.
B. Abatement Of Inoperable Motor Vehicles: With regard to the nuisance posed by inoperable motor vehicles on public or private property and in view of the general public, abatement procedures shall conform with the provisions of section 11-40-3 of the Illinois municipal code 1 , as follows:
1. Definition: An "inoperable motor vehicle" is defined as any motor vehicle from which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. "Inoperable motor vehicle" shall not include a motor vehicle capable of being driven under its own motor power in order to perform ordinary service or repair operations; or any motor vehicle that is kept within a building when not in use; or to an operable historic vehicle twenty five (25) years of age; or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
2. Removal By Village: The chief of police or his designee may remove, after seven (7) days from the issuance of a written notice, any inoperable motor vehicle or parts thereof.
C. Costs Of Abatement: Following the village sponsored cutting of weeds or the abatement of "nuisances" as defined by this chapter, the village attorney or his designee shall: (1999 Code § 18.03)
1. Within thirty (30) days of the date that said abatement occurred, send a bill which shall reflect the actual cost of abating the nuisance plus a fine in the amount of fifty dollars ($50.00) with a minimum billing of no less than one hundred fifty dollars ($150.00), to the property owner, his agent, legal representative, or occupant in legal possession or control of the premises, or in the case of inoperable vehicles, the person named on the certificate of title. If said bill is not paid within sixty (60) days of the date of said bill, the village attorney or his designee may bring suit to collect the amount due or may prepare and record a notice of lien in the amount of the actual costs of abating the nuisance plus a fine in the amount of fifty dollars ($50.00) with a minimum billing of no less than one hundred fifty dollars ($150.00) in conformance with 65 Illinois Compiled Statutes 5/11-20-6 and 5/11-20-7; (Ord. 2015-12, 10-13-2015)
2. Within thirty (30) days of the date that said village sponsored abatement is completed, send a bill for the cost of the abatement, any failure to comply penalty(ies) associated with said abatement, and an additional penalty in the amount of one hundred fifty dollars ($150.00) to the property owner, his agent, legal representative or occupant in legal possession or control of the premises. If said bill is paid in full within thirty (30) days of the date of said bill, the additional penalty of one hundred fifty dollars ($150.00) shall be reduced to seventy five dollars ($75.00); or
3. Within sixty (60) days after the date of a weed, vehicle or notice abatement, prepare and record a notice of lien in the amount of the cost, expenses incurred and all applicable fines or penalties associated with said abatement in conformance with 65 Illinois Compiled Statutes 5/11-20-6 and 5/11-20-7. (1999 Code § 18.03)
4-5-4: PENALTY:
Any person who shall violate the provisions of this chapter by creating, maintaining or causing to be created or maintained a nuisance, shall be fined as provided in section 1-4-1 of this code for each offense in addition to paying for any abatement expenses. Each day or portion thereof for which any nuisance is continued, maintained or suffered to be continued or maintained by the person creating, causing or suffering the same to be created or maintained, after reasonable notice to abate the same, shall be deemed a separate and distinct offense. (1999 Code § 18.05; amd. 2005 Code)
4-6-1: DEFINITIONS:
CHIEF OR FIRE CHIEF: The chief of the Waterman fire department or his duly authorized representative.
FIRE DEPARTMENT: The Waterman fire department.
FIREWORKS: Shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive substance, except that the term "fireworks" shall not include model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aeromodels and shall not include toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States department of transportation regulations for packing and shipping of toy paper caps are used; and toy paper caps manufactured as provided aforesaid, the sale and use of which toys and caps shall be permitted at all times.
PERMITTEE: Shall mean and include any person, firm or corporation and/or agent or employee of such person, firm or corporation who has been issued a permit for supervised displays of fireworks in the village of Waterman under the terms of this chapter. (Ord. 2009-07, 8-11-2009)
4-6-2: DISCHARGE OF FIREWORKS; PERMITS:
A. Except as hereinafter provided, no person, firm, copartnership or corporation shall offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, use or explode any fireworks, provided that the village may issue permits for supervised displays of fireworks in the village by fair associations, shopping centers and other organizations or groups of individuals.
1. Such permits may be granted upon application to said village after his approval based upon regulations contained herein, and the filing of a bond by the applicant as provided hereinafter.
2. Every such display shall be handled by a competent operator, and shall be of such composition, character and so located, discharged or fired as in the opinion of the village shall not constitute a hazard to property or endanger any person or persons.
B. Pursuant to such permit having been granted, possession, use and distribution of fireworks for such display shall be lawful for that purpose only; and no permit granted hereunder shall be transferable.
C. The village shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this chapter. (Ord. 2009-07, 8-11-2009)
4-6-3: APPLICATION; FORM:
A. Application for permit to operate a display of fireworks in conformance with the terms of this chapter shall be made in writing on forms provided by the village of Waterman.
B. Such application shall set forth:
1. The name of the organization sponsoring the display, together with the names of persons actually in charge of the firing of the display.
2. Evidence of financial responsibility.
3. The date and time of day at which the display is to be held.
4. The exact location planned for the display.
5. A description setting forth the age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks.
6. The number and kinds of fireworks to be discharged.
7. The manner and place of storage of such fireworks prior to the display.
8. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions. (Ord. 2009-07, 8-11-2009)
4-6-4: CONDUCT OF DISPLAY:
A. No permit shall be granted for any display of fireworks where the discharge, failure to fire, faulty firing or fallout of any fireworks or other objects would endanger persons, buildings, structures, forests or brush, nor in any case where the point at which the fireworks are to be fired is less than two hundred feet (200') from the nearest permanent building, public highway, railroad or other means of travel or fifty feet (50') from the nearest aboveground telephone or telegraph line, tree or other overhead obstruction.
1. All physical arrangements for firing and storage must be approved by the fire chief.
2. In no case shall a display be fired within five hundred feet (500') of a school, church, hospital or similar institution.
B. Spectators at a display of fireworks shall be restrained behind lines or barriers as designated by the fire department, but in no case less than two hundred feet (200') from the point at which the fireworks are to be discharged. Only authorized persons and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation or firing of fireworks.
C. All fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearly as possible in a vertical direction, provided that they may be directed in such a manner that the falling residue from the deflagration will fall into a lake or other large body of water where such fireworks are to be fired beside the said body of water. Furthermore, no firing tube or tubes shall be utilized in rapid succession or in any other manner so as to cause overheating or instability of such tube or tubes.
D. No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than twenty (20) miles per hour.
E. All fireworks articles and items at places of display shall be stored in a manner and in a place secure from fire, accidental discharge and theft and in a manner approved by the fire chief.
F. Fire protection and extinguishing equipment shall be provided as required by the fireworks act.
G. The person to whom a permit has been issued shall arrange for the detailing of a fire guard consisting of one member of the fire department or such larger number of members as may be deemed necessary by the fire chief.
1. The fire chief may require such fire guard to be at the site as soon as the fireworks are delivered to the site and such fire guard may be required to remain at such site by the said fire chief until after the conclusion of the display and removal of all remaining fireworks and/or debris from the said site.
2. The expense for such fire guard shall be paid by the permittee.
H. There shall be at all times no fewer than two (2) operators of the display constantly on duty during the discharge.
I. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of or removed in a manner which is safe for the particular type of fireworks.
1. The debris from the discharged fireworks shall be properly disposed of by the operator before he leaves the premises.
2. The operator, upon the conclusion of the display, shall make a complete and thorough search for any unfired fireworks or pieces which have failed to fire or function and shall dispose of them in a safe manner.
3. Such search shall be instituted at the earliest possible time following the conclusion of the display, but in no event later than the first two (2) hours of daylight which follow.
J. Upon failure of a permittee to comply with any regulation contained in this section, the fire chief and/or the fire guard at the scene are hereby authorized to seize, take, remove or cause to be removed all or any stock of fireworks or combustibles and/or to terminate any display upon observing such violation. (Ord. 2009-07, 8-11-2009)
4-6-5: QUALIFICATIONS OF OPERATORS:
The village may issue a fireworks display permit to any adult applicant that meets the following minimum requirements:
A. The applicant must submit a written application for a permit at least fifteen (15) days in advance of the date of the pyrotechnic display;
B. The pyrotechnic display service is provided by a licensed pyrotechnic distributor, and the display is conducted by a licensed lead pyrotechnic operator;
C. The applicant must show proof of liability insurance in a sum not less than one million dollars ($1,000,000.00) with an insurance company authorized to do business in Illinois;
D. The fire chief of the local jurisdiction or his/her designee must inspect the display site and ensure the display can be performed in full compliance with the NFPA standards adopted and amended by the OSFM rules, part 235, for the type of pyrotechnic display to be performed; and
E. The chief of the fire department providing fire protection must sign the display permit. (Ord. 2009-07, 8-11-2009)
4-6-6: NITROGLYCERIN; TNT:
It shall be unlawful to keep or store any nitroglycerin or the explosive commonly known as TNT in the village in any quantities, excepting for medicinal or laboratory purposes and for such purpose no more than one-fourth (1/4) of a pound shall be stored in any one building or premises. (Ord. 2009-07, 8-11-2009)
4-6-7: PENALTY:
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon a finding of guilty shall be punished by a fine as set forth in section 1-4-1 of this code; and each day such violation continues or occurs shall be deemed a separate violation. (Ord. 2009-07, 8-11-2009)
4-7-1: DEFINITIONS:
RECREATIONAL FIRES: Recreational fires are considered small fires for the purpose of enhancing social interaction, and for religious, ceremonial, cooking, warmth, or similar purposes. There are two (2) types of recreational fires: those in outdoor fireplaces, and fire pit or ground fires. (Ord. 2012-26, 12-11-2012)
4-7-2: BURNING OF LEAVES OR GARDEN DEBRIS PROHIBITED:
The burning of leaves, lawn rakings and landscape waste is prohibited. (Ord. 2012-26, 12-11-2012)
4-7-3: RECREATIONAL FIRES IN A PORTABLE OUTDOOR FIREPLACE:
A. An outdoor fireplace is a commercially produced chamber, enclosure, or screened enclosure, portable in design, for the purpose of containing a recreational fire of two feet (2') or less in diameter and two feet (2') or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.
B. Recreational fires in a container such as an outdoor fireplace do not require a permit. Recreational fires in an outdoor fireplace shall be at least fifteen feet (15') from any structure or at least three feet (3') for LP/gas fireplaces. All recreational fires shall be at least fifteen feet (15') from all lot lines. All fireplaces should have a non-combustible base. Fuel used for recreational fires shall be seasoned dry firewood, LP, gas or charcoal only. The fire must be entirely contained within the outdoor fireplace. The fire shall be attended at all times. A portable fire extinguisher of at least a 4-A rating, or other approved on site fire extinguishing equipment such as dirt, sand, or a garden hose shall be readily available. Recreational fires may be extinguished by the Fire Department if the fire is deemed a health or safety hazard. (Ord. 2019-04, 6-11-2019)
4-7-4: RECREATIONAL FIRES IN A FIRE PIT OR ON THE GROUND:
A. A fire pit should generally be at least four inches (4") in depth and shall be surrounded on the outside, aboveground, by noncombustible materials such as stone, steel, brick, or masonry. Recreational fires in a fire pit or on the ground do not require a permit.
B. The fire pit cannot exceed three feet (3') in diameter, nor may the fire pile exceed two feet (2') in height. A fire on the ground should be contained with rocks or noncombustible screening to contain the fuel within a dedicated space. Recreational fires in a fire pit or on the ground shall be at least twenty five feet (25') from any structure or combustible material. All recreational fires shall be at least fifteen feet (15') from all lot lines. A fire should not be started in a fire pit or on the ground when very dry conditions due to exceptionally dry weather are present. In addition, conditions (such as dry grass or other combustible material) which could cause a fire to spread within twenty five feet (25') of a structure shall be eliminated prior to ignition. The fire size shall not be greater than three feet (3') in diameter and two feet (2') in height. Fuel used for recreational fires shall be dry firewood or charcoal only. The fire shall be attended at all times. A portable fire extinguisher of at least a 4-A rating or other approved on site fire extinguishing equipment such as dirt, sand, or a garden hose shall be readily available. Recreational fires may be extinguished by the Fire Department if the fire is deemed a health or safety hazard. (Ord. 2019-04, 6-11-2019)
4-7-5: EXTINGUISHMENT ORDERED BY FIRE OFFICIAL:
When, in the opinion of a fire official, a hazard exists due to open burning that is not conducted within safe parameters, the fire official, using good sound judgment and in consideration of the conditions that could present a hazard due to the use of the open fire, shall have the authority to have the fire extinguished. (Ord. 2012-26, 12-11-2012)
4-7-6: PENALTY:
Any person violating the provisions of this chapter shall be subject to penalty as provided in section 1-4-1 of this Code. (Ord. 2012-26, 12-11-2012)
4-8-1: RULES AND DEFINITIONS:
CULTIVATION CENTER: Has the meaning set forth in section 10 of the Illinois compassionate use of medical cannabis pilot program act, 410 Illinois Compiled Statutes 130/10, effective January 1, 2014, as may be amended from time to time.
MEDICAL CANNABIS DISPENSING ORGANIZATION: Has the meaning set forth in section 10 of the Illinois compassionate use of medical cannabis pilot program act, 410 Illinois Compiled Statutes 130/10, effective January 1, 2014, as may be amended from time to time. (Ord. 2014-04, 8-12-2014)
4-8-2: MEDICAL CANNABIS; CULTIVATION CENTERS:
Cultivation centers, subject to all applicable standards as provided for in section 9-13-4-1, "Medical Cannabis", of this code:
A. A cultivation center may not be located within two thousand five hundred feet (2,500') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, or area zoned for residential use.
B. A cultivation center may not be located within one thousand feet (1,000') of the property line of a preexisting cultivation center or medical cannabis dispensing organization.
C. Cultivation centers must be constructed, maintained, and operated in strict compliance with all applicable state statutes and regulations.
D. Cultivation centers are subject to special use provisions as provided in the zoning ordinance of this code. (Ord. 2014-04, 8-12-2014)
4-8-3: MEDICAL CANNABIS; DISPENSING CENTERS:
Medical cannabis dispensing organizations, subject to all applicable standards as provided for in section 9-13-4-1, "Medical Cannabis", of this code:
A. A medical cannabis dispensing organization may not be located within one thousand feet (1,000') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, or part day childcare facility.
B. A medical cannabis dispensing organization may not be located in a house, apartment, or condominium.
C. A medical cannabis dispensing organization may not permit any person to consume cannabis on the property of a medical cannabis dispensing organization.
D. A medical cannabis dispensing organization may not share office space with or refer patients to a physician.
E. No drive-through facility may be constructed or operated in conjunction with any medical cannabis dispensing organization.
F. No medical cannabis dispensing organization may be open for business before six o'clock (6:00) A.M. or after eight o'clock (8:00) P.M. on any day.
G. A sufficient number of parking spaces for the medical cannabis dispensing organization must be provided in compliance with the zoning ordinance within this code. Additionally, the parking provided for a medical cannabis dispensing organization must be reserved for the exclusive use of dispensing organization employees and patrons, and may not be shared with other businesses.
H. Dispensing centers must be constructed, maintained, and operated in strict compliance with all applicable state statutes and regulations.
I. Dispensing centers are subject to special use provisions as provided in the zoning ordinance of this code. (Ord. 2014-04, 8-12-2014)
4-9-1: DEFINITIONS:
All terms and phrases used herein shall have the same meaning as ascribed to them in the cannabis control act 1 ; except the term "person" is limited to natural persons who have attained the age of eighteen (18) years or more. (Ord. 2016-05, 10-11-2016)
4-9-2: OFFENSE OF POSSESSION OF CANNABIS:
A person commits the offense of possession of cannabis within the village by knowingly possessing ten grams (10 g) or less of any substance containing cannabis unless permitted or authorized to do so pursuant to relevant state law. (Ord. 2016-05, 10-11-2016)
4-9-3: VIOLATIONS, PENALTIES:
A. Any person violating the provisions of this chapter shall be punishable by a minimum fine of one hundred dollars ($100.00) and a maximum fine of two hundred dollars ($200.00). In addition to any penalty herein, all court costs authorized by ordinance or statute for ordinance violations from time to time shall be imposed. These costs include, but are not limited to, circuit clerk automation, state's attorney automation, document storage, clerk fee, court fee, judicial security, youth diversion, drug court, state's attorney fee, and e-citation fee.
B. Any motor vehicle which is used in any manner to facilitate the possession of cannabis in violation of this chapter shall be subject to seizure and impoundment pursuant to section 5-6-4 of this code. (Ord. 2016-05, 10-11-2016)
4-10-1: DEFINITIONS:
DRUG PARAPHERNALIA: All items, equipment, products, and materials of any kind which may be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body cannabis or a controlled substance as defined by relevant Illinois state laws. It includes, but is not limited to, pipes, bongs, rolling papers, and any other item converted for the uses set forth above. (Ord. 2016-05, 10-11-2016)
4-10-2: OFFENSE OF POSSESSION OF DRUG PARAPHERNALIA:
A person commits the offense of possession of drug paraphernalia within the village by knowingly possessing an item of drug paraphernalia unless permitted or authorized to do so pursuant to relevant Illinois state law. (Ord. 2016-05, 10-11-2016)
4-10-3: VIOLATIONS, PENALTIES:
A. Any person violating the provisions of this chapter shall be punishable by the general penalty provisions of section 1-4-1 of this code. In addition to any general penalty herein, all court costs authorized by ordinance or statute for ordinance violations from time to time shall be imposed. These costs include, but are not limited to, circuit clerk automation, state's attorney automation, document storage, clerk fee, court fee, judicial security, youth diversion, drug court, state's attorney fee, and e-citation fee.
B. Any motor vehicle which is used in any manner to facilitate the possession of drug paraphernalia in violation of this chapter shall be subject to seizure and impoundment pursuant to section 5-6-4 of this code. (Ord. 2016-05, 10-11-2016)
4-3A-1: TRESPASS ON PUBLIC PROPERTY:
No person shall trespass on any public property. (1999 Code § 15.02)
4-3A-2: DAMAGING OR DEFACING PROPERTY:
A. Public Property: No person shall injure, damage, deface, mutilate or mar any public property.
B. Private Property: No person shall injure, damage, deface or mar any private property without the consent of the owner thereof. (1999 Code § 15.02)
4-3A-3: INJURING TREES, FENCES, SIGNS:
No person who is not the owner thereof shall cut, injure, remove or destroy any fruit, ornamental or shade trees, or the boxing around the same, or any fence, railing, gate, post or sign upon any public ground, lawn, sidewalk or private premises. (1999 Code § 15.02)
4-3A-4: REMOVING CORNERSTONES:
No person shall wilfully or heedlessly change, remove or destroy any stone, stake or post set or placed to mark the corner of any lot or parcel of land, street or alley or to show the location or grade of any street, alley or sidewalk. (1999 Code § 15.02)
4-3A-5: POSTING BILLS:
No person shall paste, post, paint, print or nail or otherwise fasten or append or distribute any handbill, poster, advertisement or notice of any kind on or to any curbstone, flagstone, sidewalk, tree, lamppost, hitching post, telephone post, electric light post, bridge or hydrant, or upon any other article or property of the village or over which the village has control, or upon any billboard, wall, door, gate or fence or other private property without the consent of the owner thereof. (1999 Code § 15.02)
4-3B-1: DISCHARGE OF FIREARMS AND OTHER WEAPONS:
No person shall discharge any firearm, air gun, pellet gun, paintball gun, or slingshot in the village. This section does not apply to: (1999 Code § 15.03; amd. 2005 Code)
A. Peace officers engaged in the performance of their duties.
B. Persons exercising the right of self-defense or defense of others.
C. Members of the national guard or armed forces engaged in their official duties. (1999 Code § 15.03)
4-3B-2: THROWING STONES:
No person shall carelessly throw any rock, stone or other missile into any public place, or at any house or person, or at any vehicle within the village limits. (1999 Code § 15.03; amd. 2005 Code)
4-3B-3: OBSTRUCTING STREETS:
No unauthorized person or group of persons shall obstruct any street, sidewalk or public way in the village. (1999 Code § 15.03; amd. 2005 Code)
4-3B-4: FIGHTING:
No person shall engage in any fighting in public. (1999 Code § 15.03)
4-3B-5: LOITERING:
A. It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either along and/or in consort with others in a public place in such a manner as to:
1. Obstruct any public street, public highway, public sidewalk or any other public place or building hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
2. Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress therein, thereon and thereto.
B. When any person causes or commits any of the conditions listed in subsection A of this section, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person failing or refusing to obey such orders shall be guilty of a violation of this section. (1999 Code § 15.03)
4-3B-6: CHILDREN UNDER TEN IN SKATEPARK:
A. Any child under the age of ten (10) years must be accompanied by an adult when engaged in activities in the skatepark.
B. When any person causes or commits any of the conditions listed in subsection A of this section, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to vacate the skatepark. Any person failing or refusing to obey such orders shall be guilty of a violation of this section. (Ord. 2013-04, 6-11-2013)
4-3C-1: ASSAULT:
It shall be unlawful for any person to commit "assault" which is hereby defined as any conduct, without lawful authority, which places another in reasonable apprehension of receiving a battery. (1999 Code § 15.05; amd. 2005 Code)
4-3C-2: BATTERY:
It shall be unlawful for any person to commit battery. A person commits battery if he intentionally or knowingly, without legal justification, and by any means causes bodily harm to an individual or makes physical contact of any insulting or provoking nature with an individual. (1999 Code § 15.05)
4-3C-3: DISORDERLY CONDUCT:
A person commits disorderly conduct when he knowingly:
A. Does any act in such an unreasonable manner as to provoke, make or aid in making a breach of the peace; or
B. Does or makes any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger or a breach of peace or imminent threat of violence; or
C. Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of the peace where there is an imminent threat of violence, and where the police have made reasonable efforts to protect the otherwise peaceful conduct and activity and have requested that said conduct and activity be stopped and explain the request if there be time; or (1999 Code § 15.05)
D. Fails to obey a lawful order of dispersal by a person known to him to be a peace officer under circumstances where two (2) or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm; or (1999 Code § 15.05; amd. 2005 Code)
E. Carries in a threatening or menacing way, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot or other dangerous weapon; or conceals said weapon in or about the person or vehicle; or
F. Consumes any alcoholic liquor on any public way or in or about any motor vehicle upon a public way 1 ; or
G. Transmits in any manner to the fire department a false alarm of fire, knowing at the time of such transmission that there is not reasonable grounds for believing that said fire exists. (1999 Code § 15.05)
H. Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or
I. Transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; or
J. Calls the number "911" for the purpose of making a false alarm or complaint and report false information which could result in the emergency response of any public safety agency; or
K. Calls the number "911" for any nonemergency purpose or reason, after having been notified, either verbally or in writing, that such calls are not to be made on the "E9-1-1" line. (2005 Code)