Title
AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, NUISANCES, AND TITLE 8, CHAPTER 6, OFFENSES, OF THE ORLAND PARK VILLAGE CODE (GROUND FEEDING OF ANIMALS AND BIRDS)
Body
The Corporate Authorities of the Village of Orland Park find as follows:
1. Division 1 of Article 11 of the Illinois Municipal Code is entitled "Public Health, Safety and Welfare," and 65 ILCS 5/11-1-1 thereunder provides as follows: "The corporate authorities of each municipality may pass and enforce all necessary police ordinances;" and.
2. Municipalities in Illinois, pursuant to 65 ILCS 5/11-60-2, are empowered to define, prevent and abate nuisances; and
3. There are from time to time activities or conditions existing on public and private property within the Village which should be considered public nuisances; and
4. Such activities or conditions should be added to the list of enumerated public nuisances found in the Village Code; and
5. The Corporate Authorities hereby find that ground feeding of birds and animals is such an activity because of the large numbers of birds and/or animals attracted by such ground feeding, the possibility of rodent infestation, the resultant quantities of feces and other detritus and the danger of illness therefrom.
6. The Village of Orland Park is a home rule unit as defined in Article VII, Section 6, of the Illinois Constitution, and as such may exercise any power and perform any function pertaining to its government and affairs and may regulate for the protection of the public health, safety, morals and welfare; and
7. The defining of nuisances and the adoption of provisions to prevent and/or abate such nuisances are directly related to the Village's government and affairs and the protection of the public health, safety, morals and welfare; and
8. Pursuant to the Village's powers as a home rule unit of government, the Corporate Authorities have determined that it is in the best interests of the Village and its citizens to declare ground feeding of birds and/or animals on public or private property to be a public nuisance
9. Further, because of their concern about the dangers of rodent infestation and possible disease from feces and droppings, the Corporate Authorities have determined that it is in the best interests of the Village and its residents to include the act of ground feeding on any public or private premises as a prohibited offense relating to Public Health and Protection.
NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois, as follows:
SECTION 1
The above preambles are hereby incorporated into this Ordinance as fully as if restated herein in their entirety.
SECTION 2
Title 6, Chapter 2, Nuisances, of the Orland Park Village Code is hereby amended to add to the list in Section 6-2-2-1, Animals, a new item #6, to read as follows:
"6. Ground feeding of animals and/or birds, including but not limited to cats, squirrels, chipmunks, rats, mice, rabbits, raccoons, opossum, skunk, deer, ducks, geese. To spread, cast, deposit or dump food, including birdseed, corn, bread pieces, food scraps, animal chow or any like or similar substance on any public or private property in the Village. Above-ground bird feeders shall be permitted as long as all feed is placed in a container or feeder designed for the specific purpose of feeding birds."
SECTION 3
Title 8, Chapter 6, Offenses, of the Orland Park Village Code, is hereby amended to add a new provision to Section 8-6-6, Offenses Relating to Public Health, said section to read as follows:
"8-6-6-6: Ground feeding of animals or birds: Any person who performs or permits ground feeding of birds or animals, including but not limited to cats, squirrels, chipmunks, rats, mice, rabbits, raccoons, opossums, skunks, deer, ducks, geese or any other wild animals on public or private property within the Village of Orland Park shall be deemed guilty of a violation of this Section and shall be subject to a fine of not less than $100.00 and not more than $1,000.00. Above-ground hanging bird feeders are allowed as long as all feed is placed in a container or feeder designed for the specific purpose of feeding birds."
SECTION 4
This Ordinance shall be in full force and effect upon its adoption, approval and publication as required by law.
SECTION 5
The Village Clerk is hereby directed to publish this Ordinance in pamphlet form, said pamphlets to be deposited in the office of the Village Clerk for general distribution.