A. Public Nuisance: A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
1. Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
2. In any way render the public insecure in life or in the use of property.
3. Unlawfully and substantially interfere with, obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
B. Public Nuisances Affecting Health: The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances 1 coming within the definition of subsection A of this section:
1. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
2. Carcasses of animals, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within twenty four (24) hours after death.
3. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal including inoperable or junk automobiles, or any material whatsoever in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed.
4. All stagnant water in which mosquitoes, flies or other insects can multiply.
5. Privy vaults and garbage cans which are not flytight.
8. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the village limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensitiveness or to threaten or cause substantial injury to property in the village.
9. The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.
10. Any use of property, substances or things within the village emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the village.
11. Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the village.
C. Public Nuisances Offending Morals And Decency: The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of subsection A of this section:
1. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling 4 .
2. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided by for the ordinances of the village 5 .
3. Any place or premises within the village where village ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
4. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the state or ordinances of the village.
D. Public Nuisances Affecting Peace And Safety: The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of subsection A of this section:
1. All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.
2. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the village relating to materials and the manner of construction of buildings and structures within said district 6 .
3. All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railroad crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which because of its color, location, brilliance or manner of operation interferes with the effectiveness of such device, sign or signal.
4. All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
5. All use or display of fireworks except as provided by the laws of the state and ordinances of the village 7 .
6. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human use.
7. All wires over streets, alleys or public grounds which are strung less than eighteen feet (18') above the surface thereof.
8. All loud, discordant and unnecessary noises or vibrations of any kind.
9. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the village or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished 8 .
10. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
11. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
12. Repeated or continuous violations of the ordinances of the village or laws of the state relating to the storage of flammable liquids 9 . (1968 Code § 8.02; amd. 1981 Code)
E. Additional Nuisances: Any partially dismantled, nonoperating, wrecked, junked, unregistered or discarded vehicle placed or stored on any public or private property within the village limits for a period of longer than five (5) days, unless said vehicles are stored within an enclosed building.
1. This section shall not apply to vehicles on the premises of a business enterprise operating in a properly zoned area for the sale or repair of said vehicles.
2. Repealed.
3. When any such vehicle shall be placed or stored upon public property contrary to this subsection, a duly authorized village official, after notice as specified in subsection 6-2-4B1 of this chapter shall cause such vehicle to be removed by a junk or salvage yard and stored thereat for a period of thirty (30) days. At the end of such storage period, the junk or storage yard may dispose of such vehicle unless previously claimed by the owner. In order to properly claim the vehicle, the owner must pay all reasonable removal and storage costs. (Ord. 2011-5, 11-7-2011)
Notes
| 1 | 1. See also chapter 1 of this title. |
| 2 | 1. See chapter 3 of this title. |
| 3 | 2. See section 4-3-7 of this code. |
| 4 | |
| 5 | 2. See title 3, chapter 1 of this code. |
| 6 | 3. See title 7, chapter 1 of this code. |
| 7 | 1. WSA 167.10. See section 4-2-1-2 of this code. |
| 8 | 2. See title 2, chapter 1 of this code. |
| 9 | 3. See subsection 5-1-2C of this code. |