(A) General definition. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE. Consists in 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, tends to obstruct or renders dangerous for passage, any stream, public park, parkway, square, street or highway in the city;
(e) In any way renders other persons insecure in life or the use of property; or
(f) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(B) Specific definitions. 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:
(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) 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;
(4) 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 city;
(5) 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 health officer of the city, nor the dumping of non-putrefying waste in a place and manner approved by the health officer;
(6) 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;
(7) 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;
(8) 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;
(9) All places used or maintained as junk yards, 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;
(10) Stagnant water permitted or maintained on any lot or piece of ground;
(11) 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 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 city, or are maintained and kept in such a manner as to be injurious to the public health;
(12) Any and all excavations, uncovered basements, cellars shall be filled in with sand or soil or a mixture of the two, so as to be compatible with the surrounding area and leveled off not to be unsightly and to depreciate the value of the surrounding area and to be a menace to public health and safety; and
(13) All other things specifically designated as nuisances elsewhere in this code.
(Prior Code, § 4-302) (Ord. 538, passed 5-14-1985) Penalty, see § 10.99
Statutory reference:
Similar provisions, see Neb. RS 18-1720