§ 90.01 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly requires a different meaning.

   NUISANCE.

      (1)   Unlawfully doing an act, or omitting to perform a duty, or any thing or condition which either:

         (a)   Annoys, injures or endangers the comfort, repose, health or safety of others;

         (b)   Offends decency;

         (c)   Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any lake or navigable river, stream, canal or basin or any public park, square, street or other public property; or

         (d)   In any way renders other persons insecure in life or in the use of property.

      (2)   Provided, however, this definition shall not apply to preexisting agricultural activities.

   PRIVATE NUISANCE. Every nuisance not included in the definition of “public nuisance” in this section.

   PUBLIC NUISANCE. A nuisance which affects, at the same time, an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.

(Prior Code, § 5-1-1)