§ 94.02  CERTAIN CONDITIONS DECLARED NUISANCES.
   The following conditions within the town constitute and are declared to be nuisances:
   (A)   Dangerous trees in public ways. Any tree, tack or other object standing on the premises in such a condition that it shall, if the condition is allowed to continue, endanger life, limb or property, or cause hurt, damage or injury to persons or property on the public streets or public ways adjacent thereto, by the falling thereof or of any part thereof;
   (B)   Accumulation of rubbish. An accumulation of any premises of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents or insects, or blowing into the any street, sidewalk or property of another. It shall be the duty of persons owning or being in charge of those business establishments where patrons purchase goods or services from their automobiles, commonly known as “drive-ins”, to furnish sufficient covered receptacles for the deposit of wastes created in the operation of such business, and to clean up such wastes as are not deposited in receptacles at the close of business of each day (or if such business operates continuously, at least once each day), and at such other times when weather conditions are such that waste from the operation of the business is being blown to adjoining premises;
   (C)   Noxious odors or smoke. Emissions from premises into the surrounding atmosphere of odors, dusts, smoke or other matter as to render ordinary use of physical occupation of other property in the vicinity uncomfortable or impossible;
   (D)   Noise. Noise noxious enough to destroy the enjoyment of dwelling houses or other uses of property in the vicinity by interfering with the ordinary comforts of human existence; and
   (E)   Open wells. The maintenance of any open or uncovered or insecurely covered, cistern, cellar, well, pit, excavation or vault situated on private premises in any open or unfenced lot or place.
(Prior Code, § 94.02)  Penalty, see § 94.99