For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE.
(1) A 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:
(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 municipality;
(e) In any way renders other persons insecure in life or the use of property;
(f) Essentially interferes with the comfortable enjoyment of life and property; or
(g) Tends to depreciate the value of the property of others.
(2) NUISANCE includes, but is not limited to, the maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts, omissions, places, conditions and things of:
(a) 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;
(b) The emission of smoke, dust, fumes, gases, mists, odors or polluted air from any source that is injurious or dangerous to human health and safety;
(c) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats or other insects and rodents, or which are foul or malodorous;
(d) Filthy, littered or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in the rear of stores, granaries, vacant lots, houses, buildings or premises;
(e) Dead animals or dead animals buried within the corporate limits;
(f) 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 municipality;
(g) Hauling any garbage, waste or refuse matter through the streets, alleys and public ways except when the same is loaded and conveyed in such a way when none of the contents shall be spilled;
(h) Liquid household waste, human excreta, garbage, butcher’s trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity. Nothing herein contained shall prevent the temporary retention of waste in receptacles nor the dumping of non-putrefying waste in a place and manner approved by the approved by the municipality;
(i) 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;
(j) 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 the articles or materials create a condition in which flies or rats or other insects or rodents may breed or multiply, or which may be a fire danger, or which are so unsightly as to depreciate property values in the vicinity;
(k) Any unsafe building, 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 buildings, billboards or other structures are a fire hazard, or a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity;
(l) All places used or maintained as junk yards, or dumping grounds, or for the wrecking and disassembling 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 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;
(m) Stockyards, granaries, mills, pig pens, cattie 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 the places in which the animals are confined, or the premises on which the 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 municipality, or are maintained and kept in such a manner as to be injurious to the public health;
(n) Dead or diseased trees within the right-of-way of streets within the corporate limits of the village, or on private property within the one mile zoning jurisdiction beyond the corporate limits (Neb. RS 17-555);
(o) Undrained lots which hold or may hold stagnant water or any other nuisance;
(p) Any condition which allows the perpetuating of insects and rodents;
(q) Storage, accumulation, keeping, placing or allowing to remain trash, garbage, scrap and wrecked, worn-out, broken or inoperative, or partially destroyed or disassembled personal or real property of any kind, including any junk or abandoned motor vehicles, tractors, trailers, machinery and equipment;
(r) Any vehicle which is not properly registered, or is inoperable, wrecked, junked or partially dismantled and remaining longer than 30 days on private property. This does not apply to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the lawful operation of such business enterprise (such as a licensed salvage dealer, motor vehicle dealer or farm implement dealer), or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner, and so long as the premises which said vehicle is located is not a nuisance and is maintained in a healthful and safe condition. VEHICLE means the same as defined by Neb. RS 60-136: a “motor vehicle, all-terrain vehicle, minibike, trailer or semitrailer.” PROPERLY REGISTERED means as required by state statutes:
(s) Lots, pieces of ground, and the adjoining streets and alleys with growth of weeds or noxious growth; and
(t) All other things specifically designated as nuisances elsewhere in the village code.
(Ord. 3-18, passed 6-13-2018)
Statutory reference:
Related provisions, see Neb. RS 18-1720