(A) Prohibited and generally defined. No person shall create, commit, maintain, or allow to be created, committed or maintained any nuisance within the city. Generally defined, a nuisance consists in unlawfully doing any act or omitting to perform any duty which either:
(1) Annoys, injures, or endangers the comfort, repose, health, or safety of others;
(2) Offends decency;
(3) Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any river or other navigable body of water, or any public park, street, alley, or other public property; or
(4) In any way renders other persons insecure in life, or in the use of property.
(Prior Code, § 3.0701)
(B) Nuisances enumerated. Not to limit the full extent of division (A) above but simply to enumerate certain nuisances that shall be unlawful within the city, the following specific acts, omissions, or conditions shall constitute nuisances:
(1) Any violation of Chapter 51 of this code pertaining to the accumulation, storing, or collection of garbage;
(2) Any violation of § 92.01 pertaining to littering;
(4) Any violation of § 92.02 pertaining to unlawful fires;
(5) Any violation of § 92.03 pertaining to pesticides;
(6) Any violation of § 92.04 pertaining to maintenance of premises;
(7) Any violation of Chapter 93 pertaining to vegetation, including weeds, trees, and grasses;
(8) Depositing, maintaining, or permitting to be maintained, or to accumulate upon any public or private property, any household wastewater, sewage, garbage, refuse, rubbish, offal, excrement, decaying fruit, vegetables, fish, meat, bones; any fowl, putrid, or obnoxious liquid substance; any chemical, or hazardous material; or putrescible and nonputrescrible animal or vegetable wastes or solid wastes, or any other waste material which constitutes or tends to create a danger to public health, safety, or welfare.
(9) The accumulation of manure, garbage, or anything whatsoever which may be breeding areas for flies, other insects, mosquitoes, or rodents.
(10) For any person to permit a dead animal to remain undisposed for longer than 24 hours after its death.
(11) Any excavation, trench, or open basement in which stagnant water, sewage, garbage, refuse, rubbish, or other similar material is permitted to collect, or which may jeopardize the life, health, or safety of the general public.
(12) Throwing or letting fall on, or permitting to remain on any street, alley, or public ground any manure, garbage, rubbish, filth, fuel, or wood while engaged in handling or removing any such substances.
(13) Keeping or maintaining any building or enclosure where livestock or fowl are kept unless a special permit is requested, and the same is approved by the City Council.
(14) Any accumulations of unsightly trash or junk which would constitute a health hazard, a rodent harborage, a breeding area for insects or rodents, a dangerous place for children to play in and around, or which tends to be unsightly and which does or tends to lower the value of adjacent real property because of its unsightliness. Unsightly trash or junk includes, without limitation, deteriorated, wrecked, or derelict property in unusable condition having no value other than nominal scrap or junk value, if any, and which is left outside of a permanent, enclosed structure. Deteriorated, wrecked, or derelict property includes, without limitation, motors, lawn mowers, campers, refrigerators and other household appliances, furniture, household goods and furnishings, scrap metals or lumber, or other similar articles in unusable condition.
(Prior Code, § 3.0705) Penalty, see § 10.99
Statutory reference:
Similar state provisions, see SDCL §§ 9-29-13, 9-32-10, 21-10-1, 34A-7-9