§ 94.01  NUISANCES ENUMERATED.
   It is hereby declared a nuisance for any person within the limits of the city:
   (A)   To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place, to the prejudice of others;
   (B)   To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any watercourse, lake, pond, spring, well or common sewer, street or public highway;
   (C)   To corrupt or render unwholesome or impure any water source;
   (D)   To obstruct or encroach upon public sidewalks, highways, private ways, streets and alleys;
   (E)   To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public;
   (F)   To advertise wares or occupation by painting notices of the same on, or affixing them to, fences or other private property, or on rocks or other natural objects without the consent of the owner or, if in a highway or other public place, without permission of the proper authorities;
   (G)   To permit any well drilled for oil, gas, salt water disposal or any other purpose in connection with the production of oil and gas to remain unplugged after such well is no longer used for the purpose for which it was drilled;
   (H)   To construct or operate any salt water pit or oil field refuse pit, commonly called a “burn out pit”, so that salt water, brine or oil field refuse or other waste liquids may escape therefrom in any manner except by the evaporation of such salt water or brine or by the burning of such oil field waste or refuse;
   (I)   To permit concrete bases, discarded machinery and materials to remain around any oil or gas well, or to fail to fill any holes, cellars, slush pits and other excavations made in connection with any such well or to restore the surface of the lands surrounding any such well to its condition before the drilling of the well, upon abandonment of the oil or gas well;
   (J)   To permit any salt water, oil, gas or other wastes from any well drilled for oil, gas or exploratory purposes to escape to the surface, or into a mine or coal seam, or into any underground fresh water supply, or from one underground stratum to another;
   (K)   To establish, maintain and carry on any offensive or unwholesome business within the city limits, or within one mile of the limits;
   (L)   To keep or suffer to be kept in a foul, offensive, nauseous or filthy condition, any chicken coop, cow barn, stable, cellar, vault, drain, privy, sewer or sink upon any premises belonging to or occupied by the person, or any railroad car, building, yard, grounds and premises belonging to or occupied by the person;
   (M)   To own or possess any swine, goats, horses or chickens within the city, unless within a zoned Agricultural District or Rural Residential District, in accordance with § 158.037;
   (N)   To commit any offense which is a nuisance according to the common law of the land or made such by statute of the state;
   (O)   To so negligently conduct any business or use any premises as to create such an offensive smell as may taint the air and render it unwholesome or disagreeable in the neighborhood;
   (P)   To throw or deposit or cause to be thrown or deposited, any refuse, garbage or other offensive matter, or the carcass or any part thereof of any animal, in any watercourse, pond, spring or well;
   (Q)   To cause or suffer grass, leaves, underbrush or other combustible matter to be collected, deposited or to remain on the person’s premises in such quantities and in such condition as to materially increase the danger to property of others from forest or other fires;
   (R)   To erect, continue or use any building, or other place, for the exercise of any trade, employment or manufacture which, by occasion of noxious exhalations, offensive smells or otherwise, is offensive or dangerous to health of individuals or of the public;
   (S)   (1)   To obstruct any watercourse, ravine or gutter so as to cause water to stagnate therein, or to permit foul or stagnate water to stand upon any premises to the prejudice of others;
      (2)   To cause pipes conducting water from the roofs of a building to be so constructed as to discharge water from gutters, pipes or other structures within ten feet of any public sidewalk, street or street curb or street gutter, causing runoff to be concentrated over and onto that public sidewalk, street, street curb or street gutter whereby the water will stagnate or freeze on the sidewalk, street or street curb or street gutter;
      (3)   To discharge any water or other fluids originating from sumps, sump pits, sump pumps or other pumps, or any reservoir serving as a water drain or receptacle for water, from pipes or other structures to an area within ten feet of the property line or beyond or within ten feet of any public sidewalk, street or street curb or street gutter, unless conveyed by a naturally occurring swale or a drainage swale approved by the Engineering Department or unless the method of drainage is otherwise approved by the Engineering Department, taking into considering the elevation, slope and topography of the premises and adjoining premises; and
      (4)   To discharge any water or other fluids originated from sumps, sump pits, other pumps or other mechanical means, any reservoir serving as a water drain or receptacle for water, from pipes or other structures, swimming pools or their drains or from roof gutter drains into or onto any adjoining property in such a manner as to create a nuisance as described below:
         (a)   Ponding or stagnating of water;
         (b)   Causing soil erosion;
         (c)   Creating conditions that would deny adjoining property owners reasonable use of their property; or
         (d)   Accumulation of water that freezes, creates mildew/mold or produces offensive odors.
   (T)   To permit the growth upon any premises of any noxious weeds such as jimson, burdock, ragweed, thistles, cockleburs and the like;
   (U)   To commit any offense which is a nuisance according to the common law of the land, or made such by the statutes of the state;
   (V)   To allow or permit any dense smoke to come or be emitted from any fires, chimney, engine, oil burner or other agency within the limits of the city; such condition may be summarily abated by the Mayor, or by any one whom he or she may authorize for such purposes, and such abatement may be in addition to the fine provided for violation of this division (V);
   (W)   To conduct any building operations between the hours of 10:00 p.m. and 6:00 a.m.; to operate any steam shovels, pneumatic hammers, steam or electric hoists or other apparatus, the use of which is attended with loud or unusual noise audible to residential structures within the city, without the express consent of the Mayor or his or her designate;
   (X)   For a person owning or in possession, charge or control of any building or premises to use the same, or permit the use of the same, or rent the same to be used for any business or employment, or for any purpose of pleasure or recreation, if such use shall, from its noise or boisterous nature, disturb or destroy the peace of the neighborhood in which such building or premises are situated, or be dangerous or detrimental to health;
   (Y)   To permit or maintain an unsightly yard or premises where there is an accumulation or deposit of any vehicle, equipment, junk, wrecked or disabled automobile, truck, material of any nature, waste or earth;
   (Z)   To cause or suffer debris or junk to be collected, deposited or to remain on the person’s premises in such quantities and in such condition as to increase breeding and refuse for rodents, vermin or any undesirable nuisance;
   (AA)   To leave or scatter wastepaper, paper containers for foodstuffs, bills, posters, lithographs, advertising matter, refuse, sweepings or material of like substance in or upon the streets, sidewalks, alleys or public grounds of the city;
   (BB)   To operate or play or cause to be operated or played any phonograph, gramophone, radio set, wireless set, loudspeaker or other device or instrument whereby sound is amplified, during the hours from 10:00 p.m. to 7:00 a.m. of the next following day, in such manner or with such volume that the sound caused thereby is audible to human beings beyond a distance of 400 feet from such phonograph, gramophone, radio set, wireless set or other device or instrument or beyond the premises whereon the same is operated or played;
   (CC)   To place any leaves, grass or any other yard waste or debris in city streets, street gutters or public right-of-way; and
   (DD)   To keep or harbor more than a total of three dogs and/or cats over the age of four months on any premises that is not a lawfully operated kennel or veterinary clinic.
(1999 Code, § 94.01)  (Ord. 3148, passed 12-16-2002; Ord. 3154, passed 2-3-2003; Ord. 3565, passed 3-3-2008; Ord. 3640, passed 10-19-2009; Ord. 3817, passed 2-18-2014)  Penalty, see § 94.99
Cross-reference:
   Discharges to natural outlets restricted, see § 51.004