Within the city, it is hereby declared a nuisance for any person:
   A.   Common Law Nuisances; Nuisances In Fact: To cause any of those acts or omissions that are declared to be nuisances by the laws of the state, and such as are known as nuisances to the common law, not hereinafter enumerated in this section or this code, or to cause those acts or omissions which are nuisances in fact.
   B.   Nuisance Defined By Code: To cause any of those acts or omissions that are declared by this code to be nuisances.
   C.   Continuing Violations Of Code: To continue to do any act, acts, omission or omissions which constitute a violation of this code or other ordinance of the city.
   D.   Licenses; Failure To Obtain: To fail or refuse to obtain and possess any license required by this code or other ordinance of the city.
   E.   Zoning Violations: To violate the zoning ordinance of the city.
   F.   Violation Of Technical Codes: To cause, allow, permit or suffer the violation of the building code of the city, the electrical code of the city, the fire prevention code of the city, the plumbing code of the city, or any other technical code adopted by any provision of this code or any other ordinance of the city.
   G.   Dangerous, Unsightly Structures Or Streets: To maintain any building, structure, street, sign or billboard in an unsafe, hazardous or unsightly condition.
   H.   Offensive Businesses: To carry on, use or occupy any distillery or slaughtering establishment, or establishment for steaming or rendering lard, tallow, offal, dead animals or other substance of like nature, without the permission of the city council.
   I.   Odors: To engage in any activity which causes or produces unreasonably offensive odors; except, that this subsection shall not apply to those activities carried on in the public interest.
   J.   Unhealthy Conditions:
      1.   To maintain or permit any substance on the premises which is, or may become, putrid or create an unhealthy condition.
      2.   To create, allow, maintain or permit any condition which may endanger the public health.
   K.   Noise 1 : To cause or allow unreasonably loud noises tending to cause alarm or to disturb the public peace and quiet.
   L.   Attractive Nuisances: For the owner or occupier of any premises to create, maintain or suffer an attractive nuisance to remain on the premises. (1996 Code § 19-1)
   M.   Encroachments: To cause, allow, permit or suffer any encroachment upon public ways or upon public grounds, except as provided in section 8-1-6 of this code. (1996 Code § 19-1; amd. 2010 Code)
   N.   Unlawful Assemblies 2 : To organize, lead or participate in any unlawful assembly of persons. (1996 Code § 19-1)
   O.   Abandoned Containers 3 : To abandon or discard in any place accessible to children any refrigerator, icebox or ice chest of a capacity of one and one-half (11/2) cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or being the owner, lessee or manager of such place, to knowingly permit such abandoned or discarded refrigerator, icebox or ice chest to remain there in such condition. (1996 Code § 19-1; amd. 2010 Code)
   P.   Littering 4 : To allow, suffer, permit or cause to be dropped, thrown, discarded, placed or deposited on any public way or public place, or on any private property when public property may be affected thereby, any paper, glass, plastic, wood, metal, solid or liquid vegetable or animal compound, rubbish, garbage, waste, effluent, junk, debris, litter, or solid, or any combination thereof, except in a refuse receptacle or landfill site of the city.
   Q.   Graffiti: To place graffiti upon the property of another, whether publicly or privately owned, real or personal.
      1.   Definition: For the purpose of this subsection, "graffiti" is defined as any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture, or letter, or combinations thereof, placed without the express written permission of the owner, upon the real or personal property of said owner.
      2.   Placement With Owner's Permission: It shall be unlawful for an owner and/or occupant of property which is in the public view to place or give permission to place any graffiti on said property if such graffiti incites violence or the furtherance or proliferation of gang activity by reference to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity, or contains defamatory material about a public or private person or group.
      3.   Removal Required: Upon notification by the city, the owner of property upon which graffiti has been illegally placed shall remove the graffiti within five (5) working days of the date of notification. Failure to remove graffiti within the specified time shall cause summary abatement of the nuisance, and cost therefor shall be assessed to the owner.
      4.   Compensation And Restitution: The owner of the property shall be entitled to restitution and compensation for the direct cost incurred in the repair and restoration of his property to its previous condition from any person convicted of the offense listed in this subsection; provided, that the property owner submits receipts or other evidence of the costs for the removal or repair of the graffiti; and provided further, that the court enters an order of restitution.
      5.   Responsibility Of Parent Or Guardian:
         a.   The parent or legal guardian of a juvenile who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such juvenile which cause injury to a person or property. The juvenile shall be deemed to have committed the offense with the knowledge, consent, acquiescence and permission of the parent or legal guardian in violation of this subsection.
         b.   The parent or legal guardian shall be liable for the fine and requirement of restitution or reparation imposed by a court upon a juvenile defendant for violation of this subsection.
         c.   The sanctions of this subsection Q5 shall apply after said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service with a certificate of personal service returned, from the police department of the city prior to the institution of any judicial sanction or penalty.
         d.   In any action brought pursuant to the provisions of this subsection, the parent or legal guardian shall be made a party defendant. (1996 Code § 19-1)



1. See also section 6-5A-4 of this code.
2. See also subsection 6-5A-6A of this code.
3. See also section 6-6-3 of this code.
4. See also section 5-2-3 of this title.