No person, owner or occupant of any house, business, building or lot in the city shall create or commit any public nuisance as defined in this section.
(A) Within the meaning of this section, a public nuisance consists in unlawfully doing an act, or omitting to perform a duty, within the corporate limits of the city, or in any public grounds or parks belonging to the city which act or omission either:
(1) Annoys, injures or endangers the comfort, repose, health or safety of others;
(2) Offends decency;
(3) Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any lake, stream, public park, public sidewalk, street or alley; or
(4) In any way renders other persons insecure in life or in use of property; and
(5) Which affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of the annoyance or damage inflicted upon the individuals may be unequal.
(B) Prohibited nuisances shall include, but are not limited to, the following:
(1) Household waste, including, but not limited to, such items as paper, rags, trash, garbage, discarded clothing, shoes, curtains, tin cans, aluminum cans, plastic containers, glass containers, cleaning utensils, cooking utensils, discarded household fixtures and similar items when kept or stored on private property in view of adjacent properties or public rights-of-way;
(2) Used and unused building materials and construction waste including, but not limited to, such items as lumber, plaster, scrap or salvaged iron or other metal, concrete, brick, tiles, stockpiles of rock, sand, dirt or gravel when not currently being used for landscaping purposes, doors, windows and similar items that are kept inside the corporate limits of the city and which are not stored inside a building, except for building or landscaping materials that are temporarily stored for work on the premises authorized by a valid building permit or site development permit obtained for the premises from the city, provided that such used or waste building materials shall not remain on the premises more than 30 days after the completion of the project;
(3) Household appliances, fixtures and furniture including, but not limited to, such items as stoves, refrigerators, freezers, sinks, cabinets and other kitchen appliances, bedroom furniture, mattresses, tables, chairs, clothes washing and drying machines, bathroom appliances and fixtures, light fixtures, washtubs and similar items when such items are stored, collected, piled or kept in the city and are not stored inside a building, except that patio furniture or other furniture designed for outdoor use, and that is being utilized for that purpose, shall not constitute a nuisance;
(4) Dismantled motor vehicles, motor vehicles bodies and disassembled parts thereof, disassembled bicycles and bicycle parts, and other mechanical machines or motors or parts thereof when such items are stored, collected, piled or kept in the city, and are not kept inside a building.
(5) Inoperable vehicles that are kept, parked or stored upon any property within the city for longer than ten days with the following exceptions:
(a) Vehicles that are kept entirely within an enclosed building; and
(b) One non-licensed motor vehicle that is in operable condition that is specifically adopted or designed for operation on drag strips, raceways or in derby events may be kept provided that it is appropriately covered so as to not be complained upon as a nuisance.
(6) Carcasses of animals and hides, all carcasses of animals remaining exposed one hour after death, except legally caught and tagged game, which shall be 24 hours, and all green or salted hides left deposited in any open place;
(7) Liquid refuse, all slop, foul or chemically polluted water, liquor, all filth, refuse or offal, discharged through drains or spouts or otherwise thrown or deposited in or upon any street, alley, sidewalk, public place, park or facility, or lake, stream or pool of water;
(8) All vegetable, vegetable matter or other articles that emit or cause an offensive, noxious or disagreeable smell or odor that may attract rodents, vermin or other disease carrying pests, animals or insects; and
(9) Any other condition the City Council shall deem and declare to be a nuisance.
(10) Any structure that the city code official has determined dangerous, condemned, uninhabitable, and/or in violation of any city ordinance, state statute, and/or the International Property Maintenance Code, as adopted by city ordinance, is a public nuisance unless overturned by the City Council pursuant to § 95.06 Appeals.
(Prior Code, § 18-A-01-03) (Ord. 1227, passed 3-1-2021) Penalty, see § 95.99