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Division I. Public Nuisances.
(a) No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.
(`91 Code, § 6-75)
(b) An agricultural operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural operation has been in operation continuously for more than one (1) year if there is no significant change in the hours of operation, there is no significant change in the types of operation, and the operation would not have been a nuisance at the time the agricultural operation began on that locality. (Ord. D-1645-03, § III, 10-20-03)
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
(b) In any way render the public insecure in life or in the use of property; or
(c) Greatly offend the public morals or decency; or
(d) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way; or
(e) Is injurious to health, or indecent, or offensive to the senses, or an obstruction to the full use of property, so as essentially to interfere with the comfortable enjoyment of life or property.
(`91 Code, § 6-76)
Statutory reference:
Nuisance defined, see I.C., 34-1-52-1
The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of § 6-76:
(a) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;
(b) Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death;
(c) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, junk vehicles, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed, or may be a fire hazard;
(d) All stagnant water in which mosquitoes, flies or other insects can multiply;
(e) Garbage cans which are not fly-tight, or not kept clean;
(f) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the City limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;
(g) The pollution of any public well or cistern, stream, river, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;
(h) Any use of property, substances or things within the City emitting or causing foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health or any appreciable number of persons within the City; or any slaughter house;
(i) All abandoned wells not securely covered or secured from public use;
(j) All noxious weeds;
(k) Any accumulation of junk, rubbish, scrap metal, automotive parts, building materials, machinery, dead trees, or parts thereof, upon any premises in a residential area.
(l) Any structure used for the collection or deposit of trash or garbage that has an open door allowing access into said structure, except when the door is open to allow the structure to be used for the deposit or removal of trash or garbage, or to allow the structure to be cleaned or repaired.
(m) Crop residue, including, but not limited to, corn cobs, bean stalks and corn stalks that exits the property upon which it was harvested and accumulates on neighboring property.
(`91 Code, § 6-77) (Ord. D-1692- 04, 3-15-04; Ord. D-2329-16, 10- 17-16)
(a) The following acts, omissions, places, conditions and things are specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 6-76:
(1) All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling;
(2) All gambling devices and slot machines;
(3) All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this Code or State law;
(4) Any place or premises within the City where City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated;
(5) Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Indiana or the ordinances of the City.
(b) Public nuisances offending morals and decency shall also mean:
(1) Any place in or upon which prostitution (as described in I.C., 35-45-4);
(2) Any public place in or upon which deviate sexual conduct (as defined in I.C., 35-41-1) or sexual intercourse (as defined in I.C., 35-41-1); or
(3) Any public place in or upon which the fondling of the genitals of a person;
is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose.
(`91 Code, § 6-78)
Statutory reference:
Actions for indecent nuisances, see I.C., 34-19-2
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