§ 93.03  QUALIFICATIONS FOR NUISANCE.
   (A)   Whether or not a particular annoyance of the characteristics in § 93.02 constitutes a nuisance shall depend on its effect on persons of ordinary health and average sensibilities, and not on its effect on persons who are delicate or supersensitive or whose habits, tastes or conditions are such that they are never sensible under any annoyance.
   (B)   The following conditions shall be considered to constitute public nuisances for the purpose of this chapter:
      (1)   Litter;
      (2)   Fallen tree stumps, dead trees, cut brush, fallen or cut limbs;
      (3)   Boxes, appliances, household items, and tires;
      (4)   Demolition remains;
      (5)   Open excavations on covered or improperly covered holes, whether lined or unlined, and dirt piles in any open or unfenced real property within the town;
      (6)   Accumulated garbage and trash;
      (7)   Automobile parts, disassembled automobiles, automobiles without engines, plumbing and piping materials and parts, scrap metal, unseaworthy or dilapidated boats, dilapidated, deteriorated or non-operable jet skis, snowmobiles, motorcycles, bicycles, trailers or mopeds;
      (8)   Structures defaced with paint or wording;
      (9)   Any portion of real property or any personal property which emits an unwholesome odor;
      (10)   Any wastewater, garbage, rubbish, animal waste or human excrement, which is deposited or allowed or caused to be upon public or private property;
      (11)   Any water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way except natural surface water drainage;
      (12)   Any dead animal or animal parts;
      (13)   The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect in pools upon any public property;
      (14)   Any real or personal property which is infected with contagious disease or is likely to cause an immediate health hazard;
      (15)   The placing or accumulating on or within a real or personal property or the permitting of same with any matter which attracts or may attract rodents, insects, domestic or wild animals in a manner so as to create a health hazard or unsanitary or dangerous condition;
      (16)   Any real or personal property used as a place of residence or habitation or for sleeping that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of or defects in water, drainage, heat, electricity, plumbing, ventilation, or garbage or trash removal;
      (17)   The storage of any explosive, combustible or other materials which creates a public safety or health hazard;
      (18)   Trees, shrubbery, weeds, snow or other matter obstructing public ways or causing visual barriers which create vehicular traffic or pedestrian traffic safety hazards;
      (19)   Trash or garbage containers left upon the sidewalk area between a street and sidewalk or the front or side yard except as permitted by this chapter for trash and garbage collection purposes; and
      (20)   Any furniture not originally designed or manufactured solely for outdoor use or any furniture which was originally designed or manufactured for outdoor use which is now dilapidated or deteriorated.
(Ord. 98-001, passed 5-12-1998; Ord. 07-014, passed 11-13-2007)