It shall be unlawful and it shall be a nuisance for any person to erect, construct, cause, permit, keep or maintain within the limits of the town anything whatsoever which is injurious to health, indecent or offensive to the senses or an obstruction to the free use of property, and any person or persons maintaining a nuisance as above set forth or as otherwise defined by ordinance is declared to be the author and maintainer of a nuisance. However, in accordance with I.C. 32-30-6-9, the provisions of this section do not apply to any such condition when:
(A) The condition results from an agricultural or industrial activity which has been lawfully in existence for more than one year; and
(B) The nuisance results from a change in the environs in which the activity is conducted and in no way from a change in the activity itself.
(`86 Code, § 3-1-1) (Ord. 6, passed 1-2-39; Am. Ord. 86-C3, passed 7-15-86) Penalty, see § 10.99