Chapter 7.08 NUISANCES

7.08.010 Nauseous and offensive accumulations.

7.08.020 Accumulations of junk.

7.08.030 Cellars, vaults and drains.

7.08.040 Drinking liquors in public places.

7.08.050 Loitering on premises.

7.08.060 Chickens at large.

7.08.070 Spitting on sidewalk.

7.08.080 Common barberries--Removal upon notice.

7.08.090 Definitions.

7.08.100 Junk boats declared a nuisance.

7.08.110 Nuisances--Abatement.


7.08.010 Nauseous and offensive accumulations.

It is unlawful to pile or deposit any manure, offal or garbage or to allow any accumulation of any offensive or nauseous substance within the village of Westchester, or within the distance of six hundred feet outside the village limits. Any person or corporation who piles or deposits or causes to be piled or deposited any such manure, offal, garbage or nauseous substance anywhere within the village of Westchester, or within the distance of six hundred feet outside the village limits, shall be subject to a fine. (Ord. 72-810 § 16, 1972: Ord. 76 Art. II § 2, 1930)

7.08.020 Accumulations of junk.

It is unlawful to deposit or pile up any old rags, rope, paper, iron, brass, copper, tin, ashes, garbage, refuse, brush, litter, weeds, slush, lead, glass bottles or broken glass upon any lot, piece or parcel of land or upon any public or private alley or street within the village of Westchester; provided, this section shall not apply to junk dealers licensed by the village of Westchester. (Ord. 72-810 § 17, 1972: Ord. 76 Art. II § 3, 1930)

7.08.030 Cellars, vaults and drains.

It is a nuisance for any person to suffer or permit any cellar, vault, private drain, pool, sewer or sink upon any premises belonging to or occupied by him to become nauseous, foul, offensive or injurious to the public health. (Ord. 72-810 § 18, 1972: Ord. 76 Art. II § 4, 1930)

7.08.040 Drinking liquors in public places.

(a) The drinking of any intoxicating liquors upon any public street, avenue, alley or public place, or upon any vacant lot or tract of land within the village, is a nuisance and is prohibited.
(b) It is a nuisance and it is forbidden for any person under the age of twenty-one years, or, in the case of beer or wine, under the age of nineteen years, to have any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public. (Ord. 76-879 § 1, 1977: Ord. 72-810 § 22, 1972: Ord. 76 Art. II § 8, 1930)

7.08.050 Loitering on premises.

It is a nuisance and it is forbidden for any one or more persons to loiter around public or private premises within the village without the consent of the owner of the premises or a duly authorized representative of same. (Ord. 76-879 § 2, 1977: Ord. 72-810 § 23, 1972: Ord. 76 Art. II § 9, 1930)

7.08.060 Chickens at large.

The running at large of chickens or other poultry within the village and the construction and maintenance of chicken houses or yards within the village, is a nuisance. (Ord. 72-810 § 24, 1972: Ord. 76 Art. II § 10, 1930)

7.08.070 Spitting on sidewalk.

Spitting upon the sidewalk or upon any public platform, floor or wall in the village is a nuisance. (Ord. 72-810 § 25, 1972: Ord. 76 Art. II § 11, 1930)

7.08.080 Common barberries--Removal upon notice.

(a) It is a nuisance for any person, firm or corporation to plant or permit the growth of, upon any premises, of the bush of the species of tall, common or European barberry, further known as Berberis vulgaris, and its horticultural varieties within the corporate limits of the village.
(b) It is the duty of the chief of police 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 this bush may be found, requiring them or either of them to remove, destroy and carry the same away and off such premises within two days.
(c) If the person so notified refuses or neglects to comply with such order within the time and in the manner specified, the chief of police shall cause the abatement of such nuisance at the expense of the party or parties responsible for or permitting the same.
(d) Any person, firm or corporation who violates any of the provisions of this section or who interferes with the execution or enforcement of the same, or who neglects or refuses to remove the bush commonly known as the common Barberry when ordered to do so, shall be fined. (Ord. 72-810 § 27, 1972: Ord. 76 Art. II § 13, 1930)

7.08.090 Definitions.

For purposes of this chapter, the following words shall have the meaning ascribed to them as follows:
"Junk boat" means any boat which is in a wrecked, dismantled, partly dismantled, burned, abandoned or inoperative condition. (Ord. 91-1329 § 1 (part), 1991)

7.08.100 Junk boats declared a nuisance.

All junk boats, whether on public or private property, which are in view of the general public, are declared a nuisance, and any person who violates any provision of this chapter pertaining thereto or who fails to obey a notice which states that such person is to dispose of that boat under his control shall be subject to the fines and penalties as provided for in Section 1.12.010 of this Code. (Ord. 91-1329 § 1 (part), 1991)

7.08.110 Nuisances--Abatement.

All nuisances as defined by this chapter shall be abated by the owner or occupant of the property upon which same is permitted, constructed or maintained, within twenty-four hours after notice to remove or abate same. If such nuisance is not abated within such period of twenty-four hours, the police or health officer of the village shall proceed to abate same and the owners and occupants of the premises shall be jointly and severally liable for the costs of such abatement in addition to the penalties provided by this chapter. (Ord. 76 Art. II § 14, 1930: Ord. 91-1329 § 1 (part), 1991)