Chapter 42
HEALTH AND SANITATION*
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Cross references: Animals, ch. 14; buildings and building regulations, ch. 18; businesses, ch. 22; civil emergencies, ch. 30; environment, ch. 38; natural resources, ch. 54; offenses and miscellaneous provisions, ch. 58; secondhand goods, ch. 62; utilities, ch. 86.
State law references: Territorial jurisdiction for enforcement of health and quarantine ordinances and regulations, 65 ILCS 5/7-4-1; municipal health regulations, 65 ILCS 5/11-16-1 et seq.; public health, 410 ILCS 5/1 et seq.
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Article I. In General
Sec. 42-1. Curbside pickup for trash removal.
Secs. 42-2– 42-25. Reserved.
Article II. Board of Health
Sec. 42-26. Created; appointment; qualifications.
Sec. 42-27. Term of office.
Sec. 42-28. Powers and duties.
Sec. 42-29. Penalty for violation of rules or orders of board.
Secs. 42-30– 42-50. Reserved.
Article III. Public Health Nuisances
Sec. 42-51. Definitions.
Sec. 42-52. Enforcement of article; penalties.
Sec. 42-53. Inspection of premises.
Sec. 42-54. Nuisances defined and prohibited.
Sec. 42-55. Proper heating of apartments.
Sec. 42-56. Prohibition of certain noises and sounds.
Sec. 42-57. Prohibited lease or rental of certain buildings.
Sec. 42-58. Abatement of nuisances; notice.
Sec. 42-59. Recovery of cost of removal or abatement.
Sec. 42-60. Spitting prohibited.
Sec. 42-61. Tattoing prohibited.
ARTICLE I. Sec. 42-1. Curbside pickup for trash removal.
(a) Curbside as used in this section is that portion of a right-of-way for vehicular travel adjacent to a paved or traveled roadway, excluding an alley.
(b) Except for along the alleys hereinafter listed, all points of collection for the pickup of containers, bags and other material by a scavenger or refuse collector shall be curbside and no container, bag or other material for garbage collection shall be placed on or next to an alley for pickup. Alley pickup is allowed along the following alleys:
(1) The alley between Archer Avenue and Plum Street starting at Fourth Street and ending at Eighth Street.
(2) The alley between Plum Street and Beech Street starting at Seventh Street and ending at Eighth Street.
(3) The alley between Plum Street and Beech Street starting at Ninth Street and ending at Tenth Street.
(4) The alley between Archer Avenue and Locust Street starting at Sixth Street and ending at Illinois State Route 1.
(5) The alley between Locust Street and Pine Street starting at Fifth Street and ending at Illinois State Route 1.
(6) The alley between Fourth Street and Fifth Street starting at Archer Avenue and ending at Locust Street.
(c) It shall be unlawful for any scavenger or refuse collector, or any employee thereof, to drive on or traverse any alley within the city limits in a truck used for the collection of garbage, trash or refuse except for those alleys authorized for alley pickup in the preceding paragraph.
(Ord. No. 97-18, § 1, 9-23-97)
Secs. 42-2– 42-25. Reserved.
ARTICLE II. ------------
Cross references: Administration, ch. 2.
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Sec. 42-26. Created; appointment; qualifications.
The board of health is hereby created consisting of five members. The mayor shall appoint, by and with the approval of the council, the members of the board of health, at least two of whom shall be regularly licensed and practicing medical doctors in the city.
(Code 1976, § 2-128)
Sec. 42-27. Term of office.
Each member of the board of health shall serve without compensation for a term of one year, or until his successor is appointed as provided in this article.
(Code 1976, § 2-129)
Sec. 42-28. Powers and duties.
The board of health shall have the power, and it shall be its duty, to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease within the city.
(Code 1976, § 2-130)
Sec. 42-29. Penalty for violation of rules or orders of board.
Any person who violates any of the rules or orders of the board of health as published by the board of health shall, upon conviction thereof, be fined as provided in section 1-5.
(Code 1976, § 2-131)
Secs. 42-30– 42-50. Reserved.
ARTICLE III. Sec. 42-51. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Health enforcing official means the officer or officers authorized by the board of health to enforce this article.
(Code 1976, § 9 1/2-17)
Cross references: Definitions generally, § 1-2.
Sec. 42-52. Enforcement of article; penalties.
(a) The provisions of this article shall be enforced by the board of health, chief of police or any police officer, or such health enforcing officials which the board of health shall designate.
(b) Any person who violates or neglects to comply with any provision of this article or notice issued pursuant thereto shall, upon conviction, be fined as provided in section 1-5.
(Code 1976, § 9 1/2-26; Ord. No. 01-14, § 35, 8-13-01)
Sec. 42-53. Inspection of premises.
(a) All places and premises in the city shall be subject to inspection by the board of health or the health enforcing official, if the board or that official has reason to believe that any section of this article is being violated.
(b) It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the board of health or the health enforcing official from having full access to any place or premises upon which a violation of this article is believed to exist.
(Code 1976, § 9 1/2-23)
Sec. 42-54. Nuisances defined and prohibited.
(a) The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of the city:
(1) Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of the city.
(2) Any matter, thing, condition or act which is or may become an annoyance or interfere with the comfort or general well-being of the inhabitants of the city.
(3) Pollution, or the existence of a condition or conditions which cause or threaten pollution, of any waters in this city in such manner as to cause or threaten injury to any of the inhabitants of the city either in their health, comfort or property.
(4) The escape into the open air from any stack, vent, chimney or any entrance to the open air, or from any fire into the open air, of such quantities of smoke, fly ash, dust, fumes, vapors, mists or gases as to cause injury or detriment to the inhabitants of the city or endanger their comfort, repose, health or safety.
(5) The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way, or any private or public place.
(6) The growth, existence or presence of poison ivy within 20 feet of any property line.
(7) The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
(8) The existence or presence of any accumulation of garbage, refuse, manure, animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing materials, scrap metals, or any material whatsoever which may attract flies and to which flies may have access or which serves as or constitutes a breeding place or harborage for insects or noxious rodents or in which fly larvae or pupae breed or exist or which is unsightly and may reasonably be expected to adversely affect the market price or marketability of property in the vicinity thereof.
(9) Depositing, accumulating or maintaining any matter or thing which serves as food for insects or noxious rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or noxious rodents in or on any land, premises, building or other place.
(b) It shall be unlawful for any person to commit, maintain or allow any nuisance, as declared and described in this section.
(Code 1976, § 9 1/2-18; Ord. No. 92-04, § 1(9 1/2-18), 2-24-92)
Sec. 42-55. Proper heating of apartments.
It shall be unlawful for the owners who have agreed to supply heat to any building designed to be occupied or occupied as a residence by more than two families to fail to supply heat from October 1 in each year to May 1 of the succeeding year, in such manner that the temperature of such building where one or more persons reside shall always be kept at 68 degrees Fahrenheit or above between the hours of 6:00 a.m. and 10:00 p.m.
(Code 1976, § 9 1/2-19)
Sec. 42-56. Prohibition of certain noises and sounds.
It shall be unlawful for any person to make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him, or upon any public street, alley or thoroughfare in the city, any noises or sounds by means of the human voice, or by any other means or methods, which are physically annoying to persons or which are so harsh, prolonged, unnatural or unusual in their use, time or place as to occasion physical discomfort, or which are injurious to the lives, health, peace or comfort of the inhabitants of the city or any resident thereof.
(Code 1976, § 9 1/2-20)
Sec. 42-57. Prohibited lease or rental of certain buildings.
It shall be unlawful for any person to rent, lease or otherwise permit the occupancy of any building as a resident, or for any person to reside in any building as its owner, which:
(1) Is not adequately and properly ventilated;
(2) Fails to provide potable water at sufficient pressure and quantity for each family unit from the municipal water supply, or if municipal water cannot be supplied by the city, from a water supply approved by the board of health;
(3) Does not have plumbing fixtures consisting of a kitchen sink, bathtub or shower, lavatory and flush toilet connected to the potable water supply; or
(4) Does not have facilities for the discharge of all household liquid wastes into a city sewerage system or a disposal system approved by the board of health.
(Code 1976, § 9 1/2-21)
Sec. 42-58. Abatement of nuisances; notice.
(a) Private property. Whenever a nuisance as declared by section 42-54 is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate such nuisance within such time as shall be specified therein, but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place, and a copy shall be delivered to the president of the board of health. If the owner resides out of state or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof, or posted on the premises, and if the owner's residence address is known to the board of health, a copy of such notice shall be mailed to the owner by registered mail or certified mail, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
(b) Public property. Whenever a nuisance as declared by section 42-54 is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate such nuisance within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the board of health may remove or abate such nuisance in the manner as provided in this article in the case of a like condition existing on a private premises or place.
(c) Abatement by city. If the owner, tenant or occupant upon being notified as provided in this section shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the city, at the request of the board of health, shall abate the nuisance or may cause it to be removed or abated in a summary manner by such means as such board shall deem proper.
(Code 1976, § 9 1/2-24)
Sec. 42-59. Recovery of cost of removal or abatement.
The board of health may institute in the name of the city an action at law to recover costs incurred by the city or by the board in the removal or abatement of any nuisance as declared by section 42-54 from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant, occupant or leasee of premises who, after notice and notification as provided in this article, shall fail to remove and abate such nuisance within the time specified in such notice.
(Code 1976, § 9 1/2-25)
Sec. 42-60. Spitting prohibited.
It shall be unlawful for any person to spit upon any public sidewalk or upon any part of the interior or exterior of any public building or public conveyance.
IN GENERAL
BOARD OF HEALTH*
PUBLIC HEALTH NUISANCES