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(a) Declaration of Nuisance. Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance. Public nuisances shall include, but not be limited to, whatever is prohibited by any provision of this section. No person shall commit, create or maintain any public nuisance.
(1975 Code § 9.1)
(b) Nuisances Per Se. The following acts, services, apparatus and structures are hereby declared to be public nuisances:
(1) Stagnant water. The maintenance of any pond, pool of water or vessel holding stagnant water.
(2) Depositing of foreign substances. The throwing, placing, depositing or leaving in any street, highway, lane, alley, public place, square or sidewalk; or in any private place or premises where such throwing, placing, depositing or leaving is dangerous or detrimental to public health; or likely to cause sickness or attract flies, insects, rodents and/or vermin; by any person; of any animal or vegetable substance, dead animal, fish, shell, tin cans, bottles, glass or other rubbish, dirt, excrement, filth, rot, unclean or noxious water, liquid or gaseous fluids, hay, straw, soot, garbage, swill, animal bones, hides or horns, rotten soap, grease or tallow, offal, or any other offensive article or substance whatever.
(3) Pollution. The pollution of any stream, lake or other body of water by, or the depositing into or upon any highway, street, lane, alley, public street or square, or into any adjacent lot or grounds of, or depositing or permitting to be deposited, any refuse, foul or noxious liquid or water or creamery or industrial waste; or forcing or discharging into any public or private sewer or drain any steam, vapor or gas.
(4) Noxious fumes. The emission of noxious fumes or gas in such quantities as to render occupancy of property uncomfortable to a person of ordinary sensibilities.
(5) Street and sidewalk obstructions. Any use of the public streets and/or sidewalks which causes large crowds to gather, obstructing the free use of the streets and/or sidewalks.
(6) Structures and unfilled excavations. All buildings and other structures which have been damaged by fire, decay or otherwise and all excavations remaining unfilled or uncovered for a period of 90 days or longer, and which are so situated so as to endanger the safety of the public. All dangerous, unguarded excavations or machinery in any public place, or so situated, left or operated on private property as to attract the public.
(7) Loaded trucks/tracking. The owning, driving or moving upon the public streets and alleys of trucks or other motor vehicles which are constructed or loaded so as to permit any part of their load or contents to blow, fall or be deposited upon any street, alley, sidewalk or other public or private place; or which deposit from their wheels, tires or other parts onto the street, alley, sidewalk or other public or private place dirt, grease, sticky substances or foreign matter of any kind. However, under circumstances determined by the City Manager to be in the public interest, he or she may grant persons temporary exemption from the provisions of this division conditioned upon cleaning and correcting the violating condition at least once daily and execution of an agreement by such person to reimburse the City for any extraordinary maintenance expense incurred by the City in connection with such violation.
(1975 Code § 9.7) (Ord. 444. Passed 1-2-07; Ord. 503. Passed 6-4-13.)