§ 38-116. Enumeration.
For the purposes of this section, the term "streetgang," "gang," "organized gang" or "criminal street gang" means any combination, confederation, alliance, network, conspiracy, understanding or other similar conjoining, in law or in fact, of three or more persons with an established hierarchy that, through its membership or through the agency of any member, engages in a course or pattern of criminal activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act (740 ILCS 147/10).
For the purposes of the section, the term "streetgang related" or "gang-related" means any criminal activity, enterprise, pursuit or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in or ratified by any gang leader, officer or governing or policy-making person or authority, or by any agent, representative or deputy of any such officer, person or authority: (1) with the intent to increase the gang's size, membership, prestige, dominance or control in any geographical area; (2) with the intent to provide the gang with any advantage in or any control or dominance over any criminal market sector including, but not limited to, the manufacture, delivery or sale of controlled substances or cannabis; arson or arson-for-hire; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity or pornography; dog fighting; or that involves robbery, burglary or theft; (3) with the intent to exact revenge or retribution for the gang or any member of the gang; (4) with the intent to obstruct justice or intimidate or eliminate any witness against the gang or any member of the gang; or (5) with the intent to otherwise directly or indirectly cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence or membership.
It is declared a public nuisance and it is unlawful to maintain or to:
(1)
Cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place, to the prejudice of others.
(2)
Suffer any premises where any animal is kept to become nauseous, foul or offensive to any neighborhood, family or person or to become detrimental to public health.
(3)
Throw or deposit any offal, animal excrement, filth from privies or other offensive matter or the carcass of any animal in any sewer or ditch or on any lot, street or public highway.
(4)
Suffer any cellar, vault, drain, privy, yard or premises to become, from any cause, foul or offensive or injurious to public health.
(5)
Deposit or permit to remain upon any premises or public street or alley slops, animal or vegetable matter or refuse of any kind that is or is likely to become putrid and offensive.
(6)
Obstruct any ditch or gutter so as to cause water to stagnate therein or permit foul or stagnant water to stand upon any premises to the prejudice of others.
(7)
Permit the growth upon any premises of any noxious weeds, such as jimsonweed, burdock, ragweed, thistles, cockleburs and like weeds.
(8)
Erect or use any building or other place for the exercise of any trade, employment or manufacture that, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals or the public.
(9)
Locate or maintain within a residential district a stable, pigsty, chicken coop, rabbit hutch, kennel, or the raising or housing of any animal or fowl, except household pets, or a privy or vault not watertight.
(10)
Expectorate in or on any street, crossing, sidewalk, depot platform, or on the platform steps or stairs or floor of any public vehicle or hall or other public building.
(11)
Commit any offense that is a nuisance according to the laws of the state.
(12)
Cause or allow any debris, junk, garbage or inoperable motor vehicle to be collected, deposited or to remain upon any private or public property. For purposes of this subsection, "inoperable motor vehicle" shall mean any motor vehicle that is incapable of being driven because it is in such a state of disrepair or any motor vehicle that cannot legally be operated on the public ways within the corporate limits of the town because such motor vehicle is not displaying valid license plates, a valid sticker indicating current registration, a valid transparent sticker license emblem issued by the town and/or is not properly licensed pursuant to this Code, which includes failing to comply with any of the requirements set forth in article II, chapter 106 thereof.
(13)
Permit or allow graffiti to remain on real, personal, public or private property located within the public view, including, but not limited to, graffiti on motor vehicles and trailers. For purposes of this subsection, graffiti shall be defined as any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter placed upon real or personal property without the property owner's express, written permission.
(14)
Permit or allow an unsanitary or unsafe pool, pool system, hot tub or hydrotherapy spa (collectively, "swimming pool") to remain on real, personal, public or private property located within the town. For purposes of this subsection, a swimming pool will be deemed unsanitary or unsafe if any equipment is not maintained in a satisfactory operating condition, the swimming pool is not maintained in a good condition, the swimming pool contains stagnant water, pumps are not circulating water properly, the swimming pool is not chlorinated according to the manufacturer's directions or the swimming pool is not in use and is not properly and securely covered.
(15)
Permit any real property to be erected, established, maintained, owned, leased, or used by a gang for the purpose of conducting gang-related activity.
(16)
Make, cause, permit or allow any unreasonable noise of any kind whatsoever as defined in section 38-27.
(Ord. of 5-5-1952(A)—(L); Code 1958, § 19-47; Ord. No. 14-87, § 1, 3-24-1987; Ord. No. 59-91, § 1, 11-26-1991; Ord. No. 69-06, § 3, 6-27-2006; Ord. No. 77-07, § 3.00, 7-24-2007; Ord. No. 114-07, § 3.00, 11-13-2007; Ord. No. 46-16, § 3.00, 6-28-2016; Ord. No. 107-17, § 3.00, 12-27-2017)