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§ 82.15 SPITTING, DEFACING WALLS, THROWING REFUSE ON SIDEWALKS.
   It shall be unlawful to spit on the floor or walls of the post office, courthouse, or other public building or deface the walls in any way, or spit on any of the sidewalks of the city or throw trash or refuse on any sidewalk. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-24) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99
NUISANCES; ABATEMENT PROCEDURE
§ 82.16 NUISANCES ENUMERATED.
   The existence of any of the following conditions on any vacant lot, parcel or public right-of-way within the city is declared to be dangerous, or prejudicial to the public health or safety, or detrimental to the economic well-being of the community, and therefore constitutes a public nuisance:
   (A)   The uncontrolled growth of noxious weeds or grass to include, but not to be limited to, the following:
      (1)   The growth of weeds or grass to a height of 15 inches;
      (2)   The growth of vines (such as kudzu, honeysuckle, or similar vines) beyond the banks of a steep incline, in trees or upon other vegetation, or upon buildings; or
      (3)   The growth of poisonous plants (poison ivy, poison oak, or related vegetation).
      (4)    It shall be the duty of every person occupying, owning or having control of property abutting on a street or highway that utilizes a portion of the unused street or highway right-of-way as a yard or any other use, to maintain said right-of-way in the same character and manner as the abutting use. In no event shall the growth of weeds or grasses reach a height of 15 inches between the property line and the vacant adjacent paved roadway, including both swale and sidewalks.
   (B)   Any excessive accumulation of animal or vegetable matter. Animal and/or vegetable matter shall be disposed of in a manner suitable for collection by the agent responsible for household waste collection, and shall not be allowed to collect in yards, porches, and so forth, except as follows:
      (1)   Animal and/or vegetable matter may be deposited in a compost pile or treated as compost, provided same is free of rodents and vermin. If rodents or vermin are present, the
compost pile shall be constructed in such a manner as to be rodent free or same shall be removed.
      (2)   Fire wood and/or other useable wood shall be stored in a manner to discourage the harborage of rodents, vermin, and/or wood destroying insects.
   (C)   Any excessive accumulation of rubbish, trash or junk. Debris and discarded items shall not be allowed to accumulate within the yard or unenclosed porches. Appliances, upholstered furniture and other items not designed as patio or lawn furniture shall not be kept on unenclosed porches visible from a public street or in yard areas.
   (D)   The accumulation of stagnant water or conditions which promote the breeding of mosquitoes.
   (E)   Any violation of § 41.04 (pre- collection practices) or § 41.05 (collection practices) of this code.
(Ord. 94-33, passed 12-5-94; Am. Ord. 05-43, passed 11-21-05; Am. Ord. 07-02, passed 1-2-07)
§ 82.17 INVESTIGATION; NOTICE TO ABATE.
   (A)   The City Manager or his duly appointed agent, upon notice from any person, or upon their own observation, of the existence of any of the conditions described in § 82.16, shall cause to be made by the appropriate city official such investigation as may be necessary to determine whether, in fact, such conditions exist as to constitute a public nuisance as declared in such section.
   (B)   Upon a determination that such conditions constituting a public nuisance exist, the City Manager or his or her duly appointed agent shall notify, in writing, the owner, occupant, or person in possession of the premises in question of the conditions constituting the public nuisance and shall order the prompt abatement thereof within 15 days from the mailing of such written notice excepting violations of §§ 82.16(A)(1) and 82.16(E) which shall have ten days from the mailing of such written notice. Upon consultation with the offending party, the public official shall be allowed to use their discretion and allow a reasonable extension of the time to abate the nuisance.
   (C)   After being served a second nuisance warning given for the uncontrolled growth of vegetation, the property owner shall keep the growth on that lot under control for the duration of the growing season without any further warning from the city. If the owner shall fail to keep the growth under control for the remainder of the growing season, the city may mow same or seek other remedies without further warning. Wooded lots, or lots where the terrain does not allow use of necessary equipment, shall be exempted from abatement except on lots where equipment may maneuver around trees, bushes, and other natural obstructions.
(Ord. 94-33, passed 12-5-94; Am. Ord. 07-02, passed 1-2-07; Am. Ord. 21-27, passed 7-12-21)
§ 82.18 ABATEMENT BY THE CITY; RECOVERY OF COSTS.
   (A)   If any person, having been ordered to abate a public nuisance pursuant to this subchapter, fails, neglects, or refuses to abate or remove the condition constituting the nuisance within 15 days from mailing of such order excepting violation of §§ 82.16(A)(1) and 82.16(E) which shall have ten days from the mailing of such written notice, the City Manager or his duly appointed agent shall cause such condition to be removed or otherwise remedied by having employees of the city or a private contractor obtained by the city go upon such premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the City Manager. Any person who has been ordered to abate a public nuisance may, within the time allowed by this subchapter, request the city, in writing, to remove such condition, the cost of which shall be paid by the person making such request. The city may, at its option, accept such responsibility and enter written agreement with the property owner to abate such nuisance and agree to payment arrangements.
   (B)   The actual cost incurred by the city in removing or otherwise remedying a public nuisance shall be charged to the owner of such lot or parcel of land, and it shall be the duty of the Finance Director to mail a statement of such charges to the owner or other person in possession of such premises, with instruction that such charges are due and payable within 30 days from the receipt thereof. The actual cost incurred, when the owner does not abate the nuisance, shall be established by City Council. Such costs may include an administrative expense.
   (C)   If charges for the removal or abatement of a public nuisance are not paid within 30 days after the receipt of a statement of charges, such charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes.
(Ord. 94-33, passed 12-5-94; Am. Ord. 07-02, passed 1-2-07; Am. Ord. 21-27, passed 7-12-21)
OFFENSES AGAINST MORALS
§ 82.20 PROFANITY; RIOTOUS CONDUCT.
   It shall be unlawful for any person to use profane, indecent, or boisterous language, or to behave in a riotous and disorderly manner in any street, alley, or other public place. A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-22) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99
§ 82.21 MASSAGE OF PRIVATE PARTS FOR HIRE PROHIBITED.
   (A)   For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "MASSAGE." The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping by hand or mechanical device.
   "PRIVATE PARTS." The penis, scrotum, mons veneris, vulva, or vaginal area.
   (B)   It shall be unlawful for any person to massage or to offer to massage the private parts of another for hire. The provisions of this section shall not apply to licensed medical practitioners, osteopaths, chiropractors, or persons operating at their directions, in connection with the practice of medicine, chiropractic, or osteopathy.
   (C)   A violation of this section is punishable as a misdemeanor.
(‘58 Code, § 10-31) (Am. Ord. 22-01, passed 1- 3-22) Penalty, see § 10.99
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