It shall be unlawful for the owner, occupant, or person having occupancy control or management of any land within the city to permit a public nuisance to develop thereon. The following conditions are declared to be public nuisances:
(A) Dangerous trees or stacks adjoining streets. Any tree, stack, or other object standing in such a condition that it will, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(B) Accumulation of rubbish. An accumulation on 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 that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any street, sidewalk, or property of another. No accumulation of appliances or non-outdoor furniture shall be placed and/or stored in any exterior property area, excluding those within enclosed structures. Appliances, furniture, or other objects that block or restrict ingress and egress to or from a structure are prohibited. Storage and/or accumulation of furniture, household appliances, boxed materials, totes, or trip hazards shall be prohibited on front porches and exterior (non-enclosed) premises.
(C) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.
(D) Weeds and grass. The excessive growth of weeds, grass, or other vegetation. Unless otherwise provided, “EXCESSIVE” shall mean growth to a height of 12 inches or more. This division shall not apply to parcels of property on which agricultural or horticultural activities are conducted, and which are valued by the Pendleton County P.V.A. as agricultural or horticultural property.
(E) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.
(F) Trees and shrubbery obstructing streets, sidewalks, or drainage. The growing and maintenance of trees or shrubbery which in any way interferes with the use, construction, or maintenance of streets or sidewalks, causes injury to streets or sidewalks, or constitutes an obstruction to drainage.
(G) Keeping of animals. The failure to keep an animal’s pen, yard, lot, or other enclosure in a sanitary condition and free from preventable offensive odors. The failure to keep the animal from making such noise as to materially interfere with the peaceful enjoyment by owners or occupants of property adjacent or in the immediate vicinity; for example, loud barking of dogs.
(H) Junk; scrap metal; motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, or scrap metal within the city limits except on premises authorized by the city for such purposes.
(I) Violation of any provision of the Property Maintenance Code with respect to property located within the city.
(J) Dangerous buildings adjoining public ways. Any building, house or structure that poses a threat of a fire hazard, or that poses a serious threat to the life, limb, or property of persons upon the public streets, or that materially interferes with the peaceful enjoyment by owners or occupants of adjacent property.
(K) Dilapidated or vacant building. Any building, house or structure that is so out of repair and dilapidated that it poses a serious threat of a fire hazard; or that, due to the lack of adequate maintenance or neglect, endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property; or that is vacant, abandoned, and open to vagrants or passers-by.
(L) Noxious odor or smoke. Odor, dust, smoke, or other matter that unreasonably interferes with the ordinary health and general welfare of other citizens in the vicinity of the source of same; this division shall not apply to any emissions related to business activities regulated by state or federal authorities, and when the emissions are within guidelines or limits prescribed by the same.
(M) Noxious noise. Noise that unreasonably detracts from the enjoyment by persons of their personal or real property in the vicinity of the source of same; this division shall not apply to any noise emissions related to business activities regulated by state or federal authorities, and when the noise emissions are within guidelines or limits prescribed by the same.
(N) Criminal activity. Any building or premises where law enforcement officers have, on one or more occasions in the preceding three-month period cited or arrested persons for crimes, or executed court-issued search warrants for crimes involving the following:
(1) Prostitution;
(2) Trafficking and/or possession of controlled substances (excluding marijuana);
(3) Disorderly conduct;
(4) Outdoor gambling;
(5) Squatting or trespassing on a secured building;
(6) Any structure without current utility services.
(O) Weeds and grass. The excessive growth of weeds, grass, or other vegetation around businesses and residential housing. Unless otherwise provided, “EXCESSIVE” shall mean growth to a height of six inches or more.
(P) Keeping of domestic animals. The failure to keep a domestic animal confined in a pen, yard, lot, or other enclosure and in sanitary conditions, free from preventable, offensive odors. Any enclosure must be maintained in such a way that the animal cannot escape.
(Q) Dead animals. The carcasses of animals or fowl not disposed of with 72 hours after death.
(R) Water pollution. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
(S) Stagnant water. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground, including but not limited to, all pools regardless of size, hot tubs, and other objects. Water used for agricultural purposes is excluded.
(T) Jake braking. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the city any mechanical exhaust device, motor brake, or any other type of compression release type braking system that utilizes engine compression release or engine retarders (commonly referred to as “jake braking” as a means of slowing or braking the speed of a tractor, semi-truck, motor carrier and/or bus in lieu of applying the clutch or brakes.
(Ord. 93.03, passed 10-12-93; Am. Ord. 93.03A, passed 6-14-94; Am. Ord. 93.03B, passed 10-4-05; Am. Ord. 2015-94.07, passed 10-13-2015; Am. Ord. 2021:4, passed 6-1-21; Am. Ord. 2023:7, passed 10-24-23) Penalty, see § 92.99