6-1-2: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED:
Whatever is injurious to the senses or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property by the public or community shall be deemed a "public nuisance". Public nuisances shall include, but not be limited to, the following:
   A.   Accumulation Of Solid Waste And Noxious Materials 1 :
      1.   Causing, permitting or allowing any refuse, solid waste, garbage, noxious substances, hazardous wastes, junk or salvage materials to be collected or to remain in any place.
      2.   Causing, permitting or allowing any refuse, solid waste, garbage, noxious substances or hazardous wastes, junk, salvage material or other offensive substances to be thrown, left or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, lot, whether vacant or occupied, or upon any pond or pool of water, except for:
         a.   Solid waste deposited and stored in accordance with provisions of title 16, chapter 3, article H of this code.
         b.   Any compost pile located or maintained in compliance with this chapter so as to allow its proper aeration.
         c.   Junk or salvage materials properly stored in a junk or salvage yard permitted under title 14, "Zoning Code", of this code 2 .
   B.   Diseased Or Damaged Trees Or Plant Materials 3 : Any dead, diseased or damaged trees or plant materials which may harbor serious insect or disease pests or disease injurious to other trees or plant materials, or any healthy tree in such a state of deterioration that any part of such tree is likely to fall and damage property or cause injury to persons.
   C.   Weeds: Any condition relating to weeds described as a nuisance in chapter 3 of this title.
   D.   Ditch, Drain Or Stormwater Detention Basins 4 :
      1.   Any ditch, drain or watercourse which is now or hereafter may be constructed so as to prevent or unduly interfere with the surface and overflow water drainage from adjacent lands.
      2.   Any stormwater detention basin not properly maintained as determined by the city engineer.
   E.   Stagnant Water: Stagnant water standing on any property, including any container or material kept in such a condition that water can accumulate and stagnate.
   F.   Vermin And Pests:
      1.   Conditions which are conducive to the harborage or breeding of vermin.
      2.   Infestations of vermin, such as rats, mice, skunks, snakes, bats, starlings, pigeons, bees, wasps, cockroaches or flies.
   G.   Private Sewer Facilities 5 :
      1.   Facilities for the storage or processing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cesspools and drainfields, which have failed or do not function properly or which are overflowing, leaking or emanating odors.
      2.   Septic tanks, cisterns and cesspools which are abandoned or no longer in use unless properly emptied and filled with clean fill.
      3.   Any vault, cesspool or septic tank which does not comply with the county department of health regulations. (1978 Code §24-101; amd. 1994 Code)
   H.   Abandoned, Vacant Or Dangerous Buildings:
      1.   Vacant buildings, or vacant portions of buildings.
      2.   Abandoned buildings.
      3.   Dangerous buildings or structures. (Ord. 00-3954, 12-19-2000)
   I.   Hazardous Conditions:
      1.   Generally: Any hazardous thing or condition on property which may contribute to injury of any person present on the property. Hazards shall include, but not be limited to, open holes, open foundations, open wells, dangerous trees or limbs, abandoned refrigerators and trapping devices.
      2.   Fire Hazards: Any thing or condition on property creating a fire hazard, as determined by the fire marshal, or in violation of the fire code.
      3.   Health Hazards: Any thing or condition on property creating an imminent threat to human health or in violation of any health or sanitation law.
   J.   Noisy Conditions: Any violation of chapter 4 of this title.
   K.   Snow Removal 6 : Any violation of ice and snow removal provisions set forth in section 16-1A-8 of this code.
   L.   Junkyard Or Salvage Operations: All junkyard or salvage operations, as defined in title 14 of this code, except as permitted by ordinance 7 .
   M.   Obstructing Public Ways And Property:
      1.   The obstructing or encumbering by fences, buildings, structures, signs or otherwise of public streets, alleys, sidewalks and commons, except as permitted by agreement, easement, permit or ordinance.
      2.   Any gathering of persons or vehicles upon a public street or sidewalk or any use of property abutting a public street or sidewalk which obstructs pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by permit or ordinance 8 .
   N.   Depositing Mud, Dirt And Debris On Public Ways: The depositing or allowing the depositing of any mud, dirt, gravel or other debris in violation of title 16, chapter 1 of this code.
   O.   Inoperable/Obsolete Vehicle: The storage, parking, leaving or permitting the storage, parking or leaving of an inoperable/obsolete vehicle upon private property within the city for a period in excess of forty eight (48) hours unless excepted herein. This subsection shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a junkyard or auto and truck oriented use operated in accordance with the zoning laws of this code.
   P.   Unlawful Sale Or Manufacture Of Liquors 9 : Any building or place in or upon which intoxicating liquors are unlawfully manufactured, sold or kept with intent to sell in such a manner as to become offensive. (1978 Code §24-101; amd. 1994 Code)
   Q.   Building Construction Sites: Building construction sites maintained in violation of the building code. (1978 Code §24-101; amd. 1994 Code; Ord. 03-4098, 9-23-2003)
   R.   Graffiti Vandalism: All real property defaced by graffiti vandalism which is visible to the public view. (Ord. 97-3801, 7-29-1997; amd. Ord. 03-4098, 9-23-2003)
   S.   Consumption On Unlicensed Premises: Any building, place or premises where food, beverages or entertainment is sold or provided for compensation, or where persons are charged to enter, upon which alcoholic beverages are consumed between two o'clock (2:00) A.M. and six o'clock (6:00) A.M. Monday through Saturday, and between two o'clock (2:00) A.M. and eight o'clock (8:00) A.M. on Sunday, when said building, place or premises has not been issued a liquor control license or wine or beer permit. (Ord. 08-4304, 4-29-2008)

 

Notes

1
1. See title 16, chapter 3, article H of this code.
2
2. See also subsection L of this section.
3
3. See title 10, chapter 8 of this code.
4
1. See also title 16, chapter 3, article G of this code.
5
2. See also section 16-3D-3 of this code.
6
1. See also sections 9-4-9 and 10-5-5 of this code.
7
2. See also subsection A2c of this section.
8
3. See title 10, chapters 1, 2 and 3 of this code.
9
1. See title 4, chapter 5 of this code.