(A) Definition. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC 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 forbidden by any provision of this chapter.
(1979 Code, § 9.1)
(B) Public nuisances per se. The following acts, services, apparatuses and structures are hereby declared to be public nuisances:
(1) The maintenance of any pond, pool of water or vessel holding stagnant water;
(2) (a) The throwing, placing, depositing or leaving in any street, highway, lane, alley, public place, square or sidewalk, park or any private place or premises, by any person of any animal or vegetable substance, dead animal, fish, shell, tin cans, bottles, glass or other refuse, trash, rubbish, dirt, excrement, filth, rot, unclean or nauseous water, liquid or gaseous fluids, hay, straw, soot, garbage, swill, animal bones, hides, horns, rotten soap, grease, tallow, offal or any other offensive article or substance whatever;
(b) Anything contained in division (B)(2)(a) above hereof shall not be construed to prevent any person from obtaining written permission from the Superintendent of Public Works to dump wood, tree and brush trimmings or other items that, in the opinion of the said Superintendent, are readily combustible (except petroleum or petroleum distillates) at any place specified by the Superintendent in said written permission; provided, however, said Superintendent shall not be required to grant such permission;
(3) The pollution of any stream, lake or 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 nauseous liquid or water, creamery or industrial waste, or forcing or discharging into any public or private sewer or drain any steam, vapor or gas;
(4) The emission of noxious fumes or gas in such quantities as to render occupancy of property uncomfortable to a person of ordinary sensibilities;
(5) Any vehicle used for any immoral or illegal purpose;
(6) All indecent or obscene pictures, books, pamphlets, magazines and newspapers;
(7) Betting, bookmaking, prize fighting and all apparatuses used in such occupations;
(8) All gambling devices, slot machines and punch boards;
(9) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame and bawdy houses;
(10) The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person;
(11) All explosives, inflammable liquids and other dangerous substances stored in any manner, or in any amount, contrary to the provisions of this code or statute of the state;
(12) 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;
(13) All buildings, walls 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 as to endanger the safety of the public;
(14) All dangerous, unguarded excavations or machinery in any public place or so situated, left or operated on private property as to attract the public; and
(15) 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 its load or contents to blow, fall or be deposited upon any street, alley, sidewalk or other public or private place or which deposits from its 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. Provided, however, that under circumstances determined by the Superintendent of Public Works to be in the public interest, he or she may grant persons temporary exemption from the provisions of this division (B)(15), 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.
(1979 Code, § 9.7)
(C) Prohibitions.
(1) No person shall commit, create or maintain any nuisance.
(1979 Code, § 9.1)
(2) No person shall have in his or her possession, either inside or outside of any building, structure or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or any other similar airtight container of any kind which has a snap latch or other locking device thereon, without first removing the snap latch or other locking device or the doors from such icebox, refrigerator or other container.
(1979 Code, § 9.25)
(Ord. 77, passed 8-5-1980) Penalty, see § 10.99