It shall be unlawful for the owner, occupant or person having control or management of any land within the city to permit a nuisance to develop thereon. The following conditions, in addition to those set out in the Basic Property Maintenance Code of the city under §§ 92.02 or 150.02 of this code of ordinances, are declared to be public nuisances and are prohibited:
(A) Dangerous trees, buildings, or objects adjoining street. Any tree, building, house or structure 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 adjoining the premises, by reason of the falling or collapse of the tree, building, house or structure or other objects or any parts thereof by the falling thereof or of parts thereof. Any building, house or structure which is so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire, or which due to inadequate maintenance or neglect endangers the public health, safety, or materially interferes with the peaceful enjoyment by owners or occupants of property in the city.
(B) Accumulation of rubbish. An accumulation on any property of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety, makes the property unfit for human habitation, or materially interferes with the peaceful enjoyment by owners or occupants of other property in the city 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.
(C) Noxious odors or smoke. Emission into the surrounding atmosphere of odor, dust, smoke or other matter which renders ordinary use or physical occupation of other property in the city uncomfortable or impossible. Also included are emissions from any furnace, incinerator, or heating unit of smoke, soot, or ashes of a kind or degree which could damage property or constitute a health hazard to the people of the city.
(D) Loud and unnecessary noise.
(1) Emission of noise which is noxious enough to destroy the enjoyment of dwellings or other uses of property in the city by interfering with the ordinary comforts of human existence, the operation or causing the operation of any whistle, rattle, bell, gong, clapper, drum, horn, piano, radio, colliope, phonograph or other sound-producing or sound-amplifying instrument, or the calling, shouting, or in any other way or manner creating noise or sound in such a manner as to disturb the peace and quiet of a neighborhood or to interfere with the transaction of business or other ordinary pursuits. Nothing herein shall be construed to affect the usual and reasonable operation of railroads, electric railways, or motor buses, prohibit the reasonable use of automobiles and ordinary noises attendant thereto, athletic contests or lawful public meetings, parades or celebrations.
(2) Without limiting the prohibitions contained in § 92.03(D)(1), it shall be a prima facie public nuisance for any person to create a noise measured at street level in excess of the following:
(a) Seventy-five decibels at any time.
(b) Fifty decibels at any time from Sunday at 10:00 p.m. to the following Friday at 7:00 a.m. between the hours of 10:00 p.m. and the following 7:00 a.m.
(c) Fifty decibels at any time from Friday 7:00 a.m. to the following Sunday at 10:00 p.m. between the hours of 12:00 a.m. and the following 7:00 a.m.
(d) Fifty decibels for more than two hours during any 24-hour period.
(e) Forty decibels for more than six hours during any 24-hour period.
(3) The Police Department shall be equipped with standard meters for measuring noise. The noise level readings may be used as evidence to provide a public nuisance and a violation, but are not required if there is sufficient other evidence to provide a public nuisance or violation of this section.
(E) Storage of explosives, hazardous or combustible material. The storage of explosives, hazardous or combustible material which creates a safety hazard to other property or persons in the city or the storage of such material in unmarked containers.
(F) Weeds and grass. The accumulation in piles, bundles or heaps, or the excessive growth of weeds, grass, plants or other vegetation other than trees or shrubs and cultivated flowers and gardens. Unless otherwise provided, “excessive” shall mean growth to a height of ten inches or more.
(G) 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.
(H) Trees and shrubbery obstructing streets and sidewalks.
(1) Street and sidewalk clearance. The growing and maintenance of trees with less than 14 feet clearance over public streets or right-of-ways less than eight feet clearance over public sidewalks.
(2) Sight distance at arterial highway/street intersections. The growing and maintenance of shrubbery in excess of three feet in height or trees with less than five feet clearance above street level, within a sight triangle consisting of the area between the intersection of the pavements of the arterial highway and the street; along the arterial highway a point 25 feet from the intersection of the pavement of the arterial highway and the street and along the street the greater of a point 25 feet from the intersection of the pavement of the arterial highway and the street or, if there is a sidewalk on the arterial highway, a point on the street measured 18 feet along the street from the front of the sidewalk on the arterial highway.
(3) Sight distance at street/street intersections. The growing and maintenance of shrubbery in excess of three feet in height or trees with less than five feet clearance above street level within a sight triangle consisting of the area between points measured 25 feet along both streets from the intersection of the pavement edges.
(4) Sight distance at street/driveway intersections. The growing and maintenance of shrubbery in excess of three feet in height or trees with less than five feet clearance over the street level within a sight triangle consisting of the area between points measured 25 feet along the street pavement edge and ten feet along the driveway pavement edge.
(I) Keeping of animals or birds. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the city. The failure to keep an animal's pen, yard, lot or other enclosure in a sanitary condition and free from preventable offensive odors.
(J) Junk; scrap metal. The open storage of automobile parts or scrap metal within the city limits except on premises authorized by the city for such purposes.
(K) Abandoned, wrecked, dismantled or inoperative vehicles. The parking, storage, leaving or permitting the parking, storage or leaving of any vehicle of any kind which is in an abandoned, wrecked, dismantled, rusted, junked, partially dismantled or inoperative condition, whether attended or not, within the city for a period of time in excess of seven days on the premises of any “service station” or in excess of 72 hours anywhere else in the city, except in a completely enclosed building.
(L) Certain trucks and other vehicles. The parking or keeping of any commercial vehicle (truck with a dump body, cargo or box body, service body, utility body or stake body) with or without commercial placards or any truck with a gross vehicle weight in excess of 12,000 pounds or any trailer, recreational vehicle, camper, boat or similar type of equipment with a length in excess of 18 feet at any place located within a residential district zone within the city, except in a completely enclosed garage. Provided that the Zoning Administrator, City Administrator, the City Clerk, or a police officer may issue a temporary parking permit to allow a trailer, recreational vehicle, camper, boat, or similar type of equipment with a length in excess of 18 feet to be parked on a paved surface in a residential district zone within the city for loading or unloading operations, maintenance, or cleaning in preparation for or incidental to a vacation or other legitimate recreational use. A maximum of eight permits may be issued under this division (L) and division (M) below per residence within the city per calendar year, for a period not to exceed 72 hours. Permits shall not be issued on consecutive days so as to extend the parking period beyond 72 hours and a minimum of seven days shall pass before the issuance of each permit. The permit(s) shall be prominently displayed on each trailer, recreational vehicle, camper, boat, or similar type of equipment indicating the periods and times for which the temporary parking is permitted. Each trailer, recreational vehicle, camper, boat, or similar type of equipment shall require a separate permit.
(M) Certain trailers, recreational vehicles, campers, boats or similar type equipment. The parking or keeping of any trailer, recreational vehicle, camper, boat or similar type of equipment with a length of not more than 18 feet, on other than a paved surface in other than the rear yard any place located in a residential zone in the city, except in a completely enclosed building, unless otherwise approved by the Board of Adjustment in conformity with the Zoning Regulations. In no case shall more than one of the aforementioned vehicles or similar type equipment be permitted outside of an enclosed building on any lot or parcel of land. Provided that the Zoning Administrator, City Administrator, the City Clerk, or a police officer may issue a temporary parking permit to allow a trailer, recreational vehicle, camper, boat, or similar type of equipment with a length of not more than 18 feet to be parked on a paved surface in a residential district zone within the City for loading or unloading operations, maintenance, or cleaning in preparation for or incidental to a vacation or other legitimate recreational use. A maximum of eight permits may be issued under this division (M) and division (L) above per residence within the city per calendar year, for a period not to exceed 72 hours. Permits shall not be issued on consecutive days so as to extend the parking period beyond 72 hours and a minimum of seven days shall pass before the issuance of each permit. The permit shall be prominently displayed on the trailer, recreational vehicle, camper, boat, or similar type of equipment indicating the periods and times for which the temporary parking is permitted. Each such trailer, recreational vehicle, camper, boat, or similar type of equipment shall require a separate permit.
(N) Barking dogs. Harboring or keeping any animal of the canine kind which by loud and frequent or habitual barking, howling or yelping, shall cause serious annoyance or disturbance of adjacent residents in the neighborhood.
(O) Electrified fence. The use, maintenance, or installation of electrified fences, regardless of the source of power, wattage, voltage or amperage.
('88 Code, § 92.03) (Ord. 1991-18, passed 11-18-91; Am. Ord. 1999-15, passed 12-6-99; Am. Ord. 2002-01, passed 3-4-02; Am. Ord. 2014-05, passed 6-23-14; Am. Ord. 2018-14, passed 10-15-18) Penalty, see § 92.99