The maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts, omissions, places, conditions and things are hereby declared to be nuisances:
(A) Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter or the whole or any part of any dead animal, fish or fowl;
(B) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous;
(C) Filthy, littered or trash-covered cellars, house yards, barnyards, stable yards, factory yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings or premises;
(D) Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the municipality;
(E) Liquid household waste, human excreta, garbage, butcher’s trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity; provided, that nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the Mayor of the municipality, nor the dumping of nonputrifying waste in a place and manner approved by the Mayor;
(F) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles;
(G) Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof;
(H) Any unsightly building, billboard or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which said buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof;
(I) All places used or maintained as junkyards, or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof;
(J) Stagnant water permitted or maintained on any lot or piece of ground;
(K) Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter, including grain, is being processed, when said premises in which said animals are confined, or said premises on which said vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the municipality, or are maintained and kept in such a manner as to be injurious to the public health;
(L) Any dead or diseased trees within the right-of-way of streets or upon private property within the corporate limits of the municipality;
(M) Weeds, grasses or worthless vegetation growing upon any lot within the municipality, specifically including any weed (of any height) or grass growth of more than 12 inches in height; weeds shall include, but not be limited to, bindweed, puncture vine, leafy spurge, Canada thistle, perennial pepper grass, Russian knapweed, Johnson grass, nodding or musk thistle, quack grass, perennial sow thistle, horse nettle, bowl thistle, buckthorn, hemp plant and ragweed;
(N) The accumulation of litter on property within the municipality; for the purpose of this subsection (N), the term
LITTER shall include, but not be limited to:
(1) Trash, rubbish, refuse, garbage, paper, rags and ashes;
(2) Wood, plaster, cement, brick or stone building rubble;
(3) Grass, leaves and worthless vegetation;
(4) Offal and dead animals;
(5) Any machine, vehicle or parts of a machine or vehicle which have lost their identity, character, utility or service ability as such through deterioration, dismantling or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded or thrown away or left as waste, wreckage or junk; or
(6) Any motor vehicle not housed in a storage or other building and not being currently licensed.
(O) Any dangerous building maintained upon property within the municipality. For the purpose of this subsection (O),
DANGEROUS BUILDING shall mean:
(1) Any building, shed, fence or other human-made structure which is dangerous to the public health because of its condition, and which may cause or aid in the spread of disease or injury to the health of its occupants or neighboring structures;
(2) Any building, shed, fence or other human-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard;
(3) Any building, shed, fence or other human-made structure which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure; or
(4) Any building, shed, fence or other human-made structure which, because of its condition or because of lack of doors or windows, readily admits birds and animals or is an attraction for the children or other persons to enter.
(P) The pollution of air within the municipality. Air shall be considered to be polluted when the discharge into the open air of dust, fumes, gases, mist, odors, smoke or any combination thereof is of such character and in a quantity which to any group of persons interferes with their health, repose or safety or causes severe annoyance or discomfort or is offensive and objectionable to normal persons or causes injury to real and personal property of any kind; the standards for air pollution established or adopted by the state, or the United States Government, or any agency thereof, shall be presumptive evidence as to when the air is deemed to be polluted under this section;
(Q) To obstruct or impede without legal authority any waterway within the municipality, or to corrupt and render unwholesome or impure any water course, stream or other water supply; the standards for water quality established or adopted by the state shall be presumptive evidence as to when the water is deemed to be polluted under this provision; being in a position to cause pollution to the public water supply, specifically including the following acts or events within the specified footage of any municipal public water supply shall likewise constitute a nuisance.
Category | Distance | |
Feet | Meters | |
Category | Distance | |
Feet | Meters | |
Absorption of disposal field for waste: | 500 | 150 |
Receiving 2,000 or more gallons per day (gpd) | 1,000 | 300 |
Receiving less than 2,000 (gpd) | 500 | 150 |
Cesspool | 500 | 150 |
Chemical or petroleum product storage | 1,000 | 300 |
Closed-loop food grade heat pump | 500 | 150 |
Corral | 500 | 150 |
Domestic water well | 1,000 | 300 |
Dump | 1,000 | 300 |
Feedlot or feedlot runoff | 1,000 | 300 |
Nonpotable water well | 1,000 | 300 |
Pit toilet | 500 | 150 |
Sanitary landfill | 1,000 | 300 |
Sanitary sewer connection | 100 | 30 |
Sanitary sewer line | 50 | 15 |
Sanitary sewer line (permanently watertight) | 10 | 3 |
Sanitary sewer manhole | 100 | 30 |
Septic tank | 500 | 150 |
Sewage lagoon | 1,000 | 300 |
Sewage treatment plant | 500 | 150 |
Sewage wet well | 500 | 150 |
Storm sewer | 50 | 15 |
(R) Any irrigation or industrial well or well of any other public water supply or drilled within 1,000 feet or any municipal well of the city, except as allowed under special permit issued by the Director of the State Department of Water Resources; and
(S) All other things specifically designated as nuisances elsewhere in this municipal code.
(Ord. 794, passed 12-1-2009)