§ 91.003 NUISANCES ENUMERATED.
   (A)   Public nuisances affecting health, safety, comfort or repose. The following are hereby declared to be public nuisances affecting health, safety, comfort or repose:
      (1)   All ponds or pools of stagnant water;
      (2)   All decayed or unwholesome food offered for sale to the public;
      (3)   Carcasses of animals not buried or destroyed within 24 hours after death, excluding game animals;
      (4)   Accumulations of manure or rubbish;
      (5)   Privy vaults, garbage cans and garbage receptacles which are not fly-tight;
      (6)   The effluence from any cesspool, septic tank, drain field or sewage disposal system discharging upon the surface of the ground;
      (7)   All noxious weeds, “tall grasses” defined as anything over eight inches in height and other rank growths, except as exempted in § 91.021(B) of this code of ordinances;
      (8)   Any accumulation of cans, bottles or trash or debris of any nature or description, and the throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, cans, glass, food containers or other material of any kind on private property;
      (9)   Trades and businesses, as defined by statute or ordinance, not licensed as provided by law;
      (10)   The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;
      (11)   Dense smoke, noxious fumes, gas and soot or cinders in quantities as to render the occupancy of property uncomfortable to a person;
      (12)   The distribution of samples of medicines or drugs unless the samples are placed in the hands of an adult person by someone properly licensed;
      (13)   The keeping, maintaining or harboring of live wild animals, whether native to the state or not, which, in their wild state, pose a threat to humans or domestic animals;
      (14)   The keeping, maintaining or harboring of any combination of animals and/or fowl kept in such numbers or under such conditions that unreasonably annoy, injure or endanger the health, safety, comfort, repose or welfare of the public;
      (15)   The failure to maintain basic repairs and upkeep on a vacant residence or building, including, but not limited to, snow removal, lawn maintenance and exterior maintenance; and
      (16)   All other acts, omissions of acts, occupations and uses of property which are deemed by the state’s Board of Health to be a menace to the health of the inhabitants of the municipality or a considerable number thereof.
   (B)   Public nuisances affecting morals and decency. The following are hereby declared to be public nuisances affecting public morals and decency:
      (1)   All gambling devices, slot machines and punch boards, not lawfully allowed by state statutes;
      (2)   Betting, bookmaking and all apparatus used in such operations;
      (3)   All places where intoxicating liquors are manufactured, sold, bartered or given away in violation of the law or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage contrary to law or where intoxicating liquors are kept for sale, barter or distribution in violations of the law and all liquors, bottles, kegs, pumps, bars and other property kept at and used for maintaining such a place;
      (4)   Any vehicle used for the illegal transportation of intoxicating liquor; and
      (5)   The looking into or peeping through doors, windows or openings of private homes by methods of stealth and without proper authority and by surreptitious methods or what is commonly known as “window peeping”.
   (C)   Public nuisances affecting peace and safety. The following are declared to be nuisances affecting public peace and safety:
      (1)   All trees and hedges, billboards or other obstructions which prevent persons from having a clear view of street signs and/or a clear view of all traffic approaching an intersection;
      (2)   All limbs of trees which are less than eight feet above the surface of any public street or alley;
      (3)   The outside piling, storing or keeping of old machinery, junk, furniture, household furnishings or appliances or component parts thereof, rusting metal inoperable/unusable equipment or other debris visible on private or public property;
      (4)   The placing or throwing on any street, alley, road, highway, sidewalk or other public property of any glass, tacks, nails, bottles or other substances which may injure any person or animal or damage any pneumatic tire when passing over the same;
      (5)   The depositing of, maintaining, permitting or failing to remove, garbage, trash, rubbish, bottles, cans and other refuse on any property within the city, including large quantities of organic debris and materials, which accumulated by other than natural means, except properly maintained compost piles;
      (6)   Property in a residential district not seeded, sodded or otherwise planted with a ground cover more than 240 days after any disturbance to the property caused by construction, grading or other activity; or any time prior to the 240 days if the property is causing erosion or drainage problems on the same or nearby properties, including the public streets;
      (7)   The outside storage of cut wood, unless all of the following requirements are satisfied:
         (a)   Shall be stored in the side or rear yard;
         (b)   Shall be stacked or secured in a stable manner so as to avoid collapse;
         (c)   Shall not exceed five feet in height;
         (d)   Combined stacks shall not exceed a volume of five feet high by ten feet wide, by 25 feet long; and
         (e)   Shall not be closer than five feet from side or rear property line unless screened by a solid fence or wall.
      (8)   All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half of their fair market value or which are so situated as to endanger the safety of the public;
      (9)   Any structure, or portion thereof, in a residential district whose exterior is not completed in accordance with city-approved construction plans within 180 days after the date the city building permit was issued, whichever occurred first;
      (10)   Any construction materials, including piles of dirt, sand and sod, left on the property more than 60 days after construction has been completed or a certificate of occupancy has been issued, whichever occurred first;
      (11)   All buildings and all alterations to buildings made or erected in violation of fire codes concerning manner, materials or construction;
      (12)   Any vehicle that deposits mud, dirt, sticky substances, litter or other material on any street or highway;
      (13)   Any discarded construction material or other litter at a construction site which is not placed in an adequate waste container or which is allowed to blow around or off the site;
      (14)   All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than provided by law or ordinance;
      (15)   Obstructions and excavations affecting the ordinary use of the public streets, alleys, sidewalks or public grounds, except under such conditions as are provided by ordinance and any other excavation left unprotected or uncovered indefinitely or allowed to exist in such a manner as to attract people;
      (16)   All use or display of fireworks, except as provided by law or ordinance;
      (17)   Radio aerials strung or erected in any manner, except that provided by law or ordinance;
      (18)   Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds or people to gather, obstructing traffic and the free use of public streets or sidewalks;
      (19)   All hanging signs, awnings and other similar structures over public streets or sidewalks or so situated as to endanger public safety, not constructed and maintained as provided by law or ordinance or without proper permit;
      (20)   The allowing of rain, water, ice or snow to fall from any building on any public street or sidewalk or to flow across any public sidewalk;
      (21)   All dangerous, unguarded machinery, equipment or other property in any public place or so situated or operated on private property as to attract the public;
      (22)   The distribution of handbills, except as provided by law or ordinance;
      (23)   Throwing, dropping or releasing printed matter, paper or any other material or objects over the city from an airplane, balloon or other aircraft or in a manner as to cause the material to fall or land in the city;
      (24)   Placing entrance culverts or doing any act which may alter or affect the drainage of public streets or alleys or the surface or grade of public streets, alleys or sidewalks, without proper permit;
      (25)   Making repairs to motor vehicles or tires in public streets or alleys, except for emergency repairs when it will not unduly impede or interfere with traffic;
      (26)   The placement of mailboxes and other delivery receptacles on public rights-of-way, except those which are in compliance with United States Postal Service requirements for location and type. The post shall be installed as far back from the street pavement as reasonably practical to avoid snow plowing damage; and
      (27)   The placement, erecting or painting of unauthorized traffic signs or advertising signs in streets or alleys or on sidewalks.
(Prior Code, § 607.03) (Ord. 556, passed 03-20-1995; Ord. 594, passed 04-14-1997; Ord. 694, passed 03-11-2002) Penalty, see § 91.999