(A) The foregoing nuisances are prohibited within the city. The standard required for a nuisance would be that its effect upon the person complaining of the nuisance is a person of normal or ordinary sensibilities. The foregoing nuisances shall be presumed in violation of this subchapter if it is shown that they take place within a single-family (SF), single-family transitional (SFT), or planned residential development (PRD) zoning district within the city, or that they have occurred within 2,500 feet of any home, school, or church existing in an SF, SFT, or PRD zoning district of the city. Any act described in § 94.02 shall also include the failure to take action to abate or terminate a nuisance.
(B) It is an affirmative defense to a complaint filed pursuant to § 94.02(K) of this code that the property on which the alleged nuisance occurred was an activity expressly authorized pursuant to a special use permit for the property.
(C) A permit (a “553 permit”) to conduct activity which otherwise would be prohibited by this subchapter may be issued by the Mayor on written application to the city and payment of a filing fee containing information on the proposed date, time, place, and description of the activity. The person(s) making the application shall be personally subject to any violations of this subchapter which occur as a result of the activity occurring in a manner exceeding the limits established by permit. No permit issued under this division (C) shall be valid for more than a 12-hour time period. A permit for an activity proposed for a longer time period, or for more than 3 separate 12-hour periods, shall require Council approval. Permits described in this division (C) are not required of owners of property described in division (B).
(Ord. 553, passed 1-20-2004; Am. Ord. 750, passed 7-11-2017) Penalty, see § 94.99