§ 90.01 DEFINITION.

   (A)   General definition. For the purpose of the is chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      NUISANCE. Consists of doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition, or thing either:

         (a)   Injures or endangers the comfort, repose, health or safety of others;

         (b)   Offends decency;

         (c)   Is offensive to the senses;

         (d)   Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;

         (e)   In any way renders other persons insecure in life or the use of property;

         (f)   Essentially interferes with the comfortable enjoyment of life and property; or

         (g)   Tends to depreciate the value of the property of others.

   (B)   Specific definition. The maintaining, using, placing, depositing, leaving, or permitting of any of the following specific acts, omissions, places, conditions, and things caused to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, avenue, alley, park or parkway, or at any other public or private place, of any one or more of the following conditions or things are hereby declared to be and constitute NUISANCES ; provided that this enumeration shall not be deemed to be conclusive:

      (1)   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;

      (2)   Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous;

      (3)   The emission of smoke, dust, fumes, gases, mists, odors, or polluted air from any source that is injurious or dangerous to human health and safety;

      (4)   Filthy, littered or trash-covered cellars, house-yards, barnyards, stable-yards, factory-yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings or premises;

      (5)   Dead animals or dead animals buried within the corporate limits and/or the zoning jurisdiction of the municipality;

      (6)   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;

      (7)   Hauling any garbage, waste, or refuse matter through the streets, alleys, and public ways except when the same is loaded and conveyed in such a way that none of the contents shall be spilled;

      (8)   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, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the Municipal Administrator, nor the dumping of non-putrefying waste in a place and manner provided by the Municipal Administrator;

      (9)   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;

      (10)   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;

      (11)   Any unsafe building, 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 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;

      (12)   All places used or maintained as junk yards, or dumping grounds, or for the wrecking and disassembling 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;

      (13)   Stagnant water permitted or maintained on any lot or piece of ground;

      (14)   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 premises 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 places 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;

      (15)   Dead or diseased trees within the right-of-way of streets and/or alleys within the corporate limits of the village, or on private property within the one mile zoning jurisdiction beyond the corporate limits;

      (16)   Any condition which allows the perpetuating of insects and rodents;

      (17)   Pits or excavations within the municipality not being used for the purpose of building where such pits or excavations are made and the leaving of any such pits or excavations in an exposed condition for a period of 24 hours or longer;

      (18)   Permitting, maintaining or allowing weeds, rank grass, sweet clover, any growth of worthless vegetation 12 inches or more in height, and other plants of rank growth as defined by Nebraska Statutes and the Nebraska Department of Health Regulations on lots and grounds and on the streets and alleys on which the same abut;

      (19)   The burning or disposal of refuse, sawdust, oil, fuel oil or other materials in such a manner as to cause or permit ashes, sawdust, suet, gases or other materials arising from such burning to damage the property of the residents of the municipality or to injure and endanger the health, comfort or repose of persons, or to injure the property of any person;

      (20)   The throwing, depositing, placing or accumulation of litter on any lot, tract or piece of ground within this municipality. LITTER shall include, but not be limited to:

         (a)   Trash, rubbish, refuse, garbage, paper, rag and ashes;

         (b)   Wood, plaster, cement, brick or stone building rubble;

         (c)   Grass, leaves and worthless vegetation;

         (d)   Offal and dead animals; and

         (e)   Any machine or machines, vehicle or vehicles, wind turbines, or parts of a machine, vehicle, or wind turbine which have lost their identity, character, utility or serviceability 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;

      (21)   Any vehicle which is not properly registered, or is inoperable, wrecked, junked, or partially dismantled and remaining longer than 30 days on private property. This does not apply to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the lawful operation of such business enterprise (such as a licensed salvage dealer, motor vehicle dealer or farm implement dealer), or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner, and so long as the premises which said vehicle is located is not a nuisance and is maintained in a healthful and safe condition. VEHICLE means the same as defined by Neb. RS 60-136; a motor vehicle, all-terrain vehicle, minibike, trailer, or semitrailer. PROPERLY REGISTERED means as required by Nebraska Statutes;

      (22)   Any structure or part of a structure which remains or is damaged to present a dangerous or unsafe condition to the public including, but not limited to, structures damaged by fire, damaged by natural events or elements such as wind, tornadoes, earthquakes, flooding or settling of the ground; damaged by insect infestation; damaged due to the failure to provide reasonable maintenance; structures occupied or unoccupied which have broken windows, animals, insects, transients, or create an attraction to children; structures which, in the opinion of the Municipal Administrator, present an unsafe or dangerous condition to those on or near the property; unfinished structures where no occupancy permit has been issued and any building permit has lapsed for more than 30 days; after 18 months from the date of the first building permit and where no inspection for newly completed work has been requested from the municipality within the last 45 days; or

      (23)   All other things specifically designated as nuisances elsewhere in this Code.

(1991 Code, §§ 4-301, 4-302) (Ord. 2019-39, passed 11-20-2019) Penalty, see § 10.99

Statutory reference:

   Authority to regulate and abate nuisances, see Neb. RS 18-1720