The following acts, actions, inaction, omissions, behavior, or conditions constitute a public nuisance:
(A) (1) Criminal activity. No owner of residential, commercial or vacant property located in the city shall allow his or her property to be used as the site for any criminal activity. For purposes of this section, criminal activity shall be defined as a criminal citation, arrest, or court-issued search warrant for crime involving:
(a) Prostitution;
(b) Controlled substances or drug related activity;
(c) Alcohol intoxication;
(d) Menacing;
(e) Assault;
(f) Terroristic threatening;
(g) Resisting arrest;
(h) Disorderly conduct;
(i) Outdoor gambling; or
(j) Violation of Chapter 527 of Kentucky Revised Statutes (Offenses relating to Firearms and Weapons).
(2) Any other provision of this section notwithstanding, it shall not be a public nuisance if the person cited is the victim of the criminal activity that occurred or is an incident of domestic violence perpetrated against a resident, licensee, or invitee of the premises.
(B) Graffiti. No person shall spray, draw, etch, carve or otherwise create graffiti on any building or structure in the city and any person doing the same shall be subject to a civil fine for the cost of removal.
(C) Environmental nuisance. No person shall use, cause, permit, or omit in the use of property in a manner which causes an annoyance, hazard or injury which may be detrimental to the property or we11-being of others. These actions shall include but are not limited to the following:
(1) Injures or endangers the welfare, health, or safety of others;
(2) Offends decency;
(3) Creates offensive odors;
(4) Interferes with, obstructs or tends to obstruct, or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
(5) Interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others;
(6) Permits the presence, existence, or accumulation of waste, rubbish, trash, or other non-operable appliance or vehicles or vehicles in a state of major disassembly, disrepair, or in the process of being stripped or dismantled;
(7) Permitting any yard grass, other plant or weed growth exceeding six (6) inches in height other than crops, trees, bushes, flowers, or other ornamental plants.
(8) Disposing or accumulating of any foul, decaying or putrescent substance, stagnant water, animal waste or other offensive material in or on any lot, tract of land, street, highway, or any sidewalk or alley abutting any of these which shall be the reasons for such offensive odors.
(D) Litter, garbage, and trash. No person shall drop, deposit, permit, or acquiesce to such activity in any manner on any public or private property any trash, litter, garbage, rubbish, debris, refuse, or waste of any kind, or other obnoxious materials whether solid or liquid.
(E) Dilapidated housing. No person shall cause, allow, or permit any structure to be unfit for human habitation, occupancy, or use. Conditions that warrant a finding of unfit for human habitation include conditions that exist which are dangerous or injurious to the health, safety, or morals of the occupants of such structure, neighboring structures or other residents of the city. Examples of such conditions include but are not limited to: defects increasing the hazard of fire, accidents or other calamities, lack of adequate ventilation, light or sanitary facilities, violations of any other laws of the Commonwealth of Kentucky, Kentucky Building Code or other Ordinance of the City of Dayton.
(F) Emergency calls and responses. No person shall cause, allow, or permit excessive calls from property to the 911 system or responses as a result of thereof. Excessive calls and responses shall mean over seven unique calls or responses in a month period.
(G) Drug overdose responses. No person shall cause, allow, or permit any property to be the site of excessive drug overdoses. Excessive drug overdoses shall mean more than one overdose in a three month period.
(Ord. 2016-19, passed 12-6-16)