5-1-5: MISCELLANEOUS NUISANCES:
   A.   Nuisances Declared: The following are hereby declared to be nuisances and no person shall violate any provision of this section:
      1.   Business Practices:
         a.   To conduct any business or use any premises in such a manner as to create an offensive smell or taint in the air, or render the same unhealthy, unwholesome or disagreeable to others.
         b.   To conduct any trade, employment, manufacture or business which, by reason thereof, occasions foul, noxious or offensive odors or smells offensive or dangerous to the health of individuals or the public.
         c.   To locate, without first having obtained permission from the village, any packinghouse, renderies, tallow chandleries, bone factories, soap renderies or tanneries within the limits of the village or within a distance of one mile outside the limits of the village.
      2.   Building Construction: It is forbidden to permit performance of construction work prior to the hour of seven o'clock (7:00) A.M. or to permit the performance of construction work after the hour of seven o'clock (7:00) P.M., Monday through Saturday. It shall be further a nuisance to permit the performance of construction work prior to the hour of nine o'clock (9:00) A.M. or to permit the performance of construction work after the hour of six o'clock (6:00) P.M. on Sundays or holidays.
      3.   Dangerous Structures:
         a.   To permit any insecure or unsafe scaffold to be erected or used whereby the safety of persons working upon or passing thereunder may be in danger.
         b.   To permit any building or structure or any part or portion thereof to become unsafe and insecure and to remain in an unsafe and insecure condition so as to be dangerous to other persons or their property.
      4.   Condition Of Property:
         a.   To cause or suffer the carcass of any animal or any offal, garbage, filth or other nauseous substance or substances to be collected, deposited or remain at any place so as to prejudice others or be detrimental to the healthful condition of the community.
         b.   To cause or render unwholesome or impure the water of any spring, stream, well or pond to the injury or prejudice of others, or to drain into or cause any sewage to flow over or upon the land or premises of another or public grounds other than through the sewer channels provided for that purpose.
         c.   To deposit or suffer to be deposited any junk within two hundred feet (200') of any street or other public place in the village or within one hundred feet (100') of the lands and premises of another 1 .
         d.   To draw, drain or suffer any sewage to be drawn off or drained from any basement, cesspool, catch basin, toilet or outhouse so as to render any foul, offensive, nauseous, filthy or unhealthy condition of the soil or atmosphere, dangerous or offensive to the health of others. Putrid or offensive matter and all contents of any sink, vault, catch basin, cesspool or other place where foul substances are collected shall, before their removal or exposure, be disinfected and rendered inoffensive by the person or persons who are about to remove the same.
         e.   To permit the use of any property, real or personal, in such a manner as to be offensive to the community or dangerous to the health of the same or to so conduct oneself so as to be offensive to the community, individuals thereof or the public.
      5.   Public Property:
         a.   To obstruct or encroach upon any street, alley or public way or to suffer any obstruction or encroachment upon any street, alley or public way.
         b.   To permit any ditch, drain or excavation along, upon or under any public street or other public place to remain without being refilled and rendered safe with all reasonable dispatch.
      6.   Cemeteries: To establish any cemetery within the corporate limits of the village or within one mile of the limits thereof without first having obtained permission so to do by an ordinance of the village board.
      7.   Open Burning: The burning of papers, paper goods, cardboard, garbage or rubbish of any kind within the village. (1976 Code § 93.050)
      8.   Animals:
         a.   To confine or keep confined any cattle or swine within any pen, yard, building or other enclosure so as to be offensive to persons residing in the vicinity and to the annoyance of the same or detrimental to the healthfulness of such vicinity with the exception of the keeping of Vietnamese potbellied pigs in residential areas when the Vietnamese potbellied pigs are kept solely for pet purposes and not for livestock or breeding purposes and are not a nuisance as defined in this subsection.
Only two (2) Vietnamese potbellied pigs shall be allowed per household. This subsection shall be applied to section 6-1-3 of this code. A Vietnamese potbellied pig shall be included in the total number of pets allowed, pursuant to section 6-1-3 of this code. (1976 Code § 93.050; amd. 2003 Code)
         b.   To permit any domestic fowl to run at large within the village limits.
         c.   To permit any domestic animal of the species of horse, ass, mule, cattle, sheep, goat or swine to run at large within the village limits.
      9.   Loitering: To loiter about the premises of another without the consent of the owner thereof.
      10.   Alcoholic Beverages: To drink intoxicating liquors upon any public street, alley or other public place or upon any vacant lot without the consent of the owner thereof.
   B.   Abatement: When any nuisance shall be found within the village contrary to any of the provisions of this section, the same may be similarly abated by the chief of police in abating such nuisance. Such officer or officers may employ necessary work and labor and may charge the expense of abating such nuisance to the person liable therefor. (1976 Code § 93.050)

 

Notes

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1. See also section 5-1-2 of this chapter.