Whatever is or imminently may become hazardous or dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, or whatever annoys, injures, or endangers the health, comfort, or safety of others, along with the following specific acts, conditions, and things are, each and all of them, hereby declared to constitute nuisances, provided, however, that this enumeration shall not be deemed to be exclusive:
(a) Imperfect plumbing. Any imperfect, leaking, unclean, or filthy sink, water closet, urinal, or other plumbing fixture in any building used or occupied by human beings.
(b) Garbage and refuse. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any food waste or general household waste found within the city that is likely to cause or transmit disease, or that may be a hazard to health.
(c) Impure water. Any well or other supply of water used for drinking or household purposes that is polluted or is so constructed or situated that it may become polluted.
(d) Undressed hides. Undressed hides kept longer than 24 hours, except at the place where they are to be manufactured, or in a storeroom or basement whose construction is approved by the health department.
(e) Manure. The accumulation of manure or animal or fowl waste for more than 24 hours unless it is in a securely tied, closed, biodegradable package placed in a leakproof, rigid container with a tightfitting lid.
(f) Breeding places for flies. The accumulations of manure, garbage, or anything whatever that are harboring places and breeding areas for flies and rodents.
(g) Stagnant water. Any water or liquid that supports the proliferation of mosquitoes.
(h) Poison ivy. Permitting poison ivy to grow upon any public or private property.
(i) Dead animals. The owner of a dead animal permitting it to remain undisposed of longer than 24 hours after its death.
(j) Polluting river. Throwing or leaving any dead animal or decayed animal or vegetable matter or any slops or filth whatever, either solid or fluid, into any pool of water or into the Big Sioux River.
(k) Privies and cesspools. Erecting or maintaining any privy or cesspool except those sanitary privies and cesspools the plans of which are approved by the health department.
(l) Improper garbage handling. Throwing or letting fall on or permitting to remain on any street, alley, or public or private ground any manure, garbage, rubbish, filth, fuel, or wood while engaged in handling or removing any substances.
(m) Bonfires. Burning, causing or permitting to be burned, without an approved incinerator upon any private or public property any dirt, filth, manure, garbage, sweepings, leaves, ashes, paper, waste, or rubbish of any kind.
(n) Burning of garbage. Burning upon any private or public property any garbage, offal, excrement, fresh or decaying fruits, vegetables, fish, meat, or bone, or any foul, putrid, or obnoxious liquid or substance.
(o) Private sanitary landfill. Operating or permitting the operation of a private sanitary landfill without controlling rodents, insects, and litter; without compacting and covering solid waste each day; and without preventing and prohibiting burning.
(p) Rubbish. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any combustible refuse matter such as papers, sweepings, rags, grass, tree branches, wood shavings, wood, magazines, or cardboard; or piles of brush, clothing, plastic, wood pieces, scrap lumber, cardboard, leaves, cloth, carpet, construction waste, pallets, tree stumps, or any similar objects that adversely affects the residents or environment by placing them at risk of unhealthy, offensive, or otherwise injurious conditions.
(q) Waste material. All noncombustible inorganic matter such as ashes, glass, sand, earth, stones, concrete, mortar, metals, cans, barrels, pipes, sinks, toilets, bath tubs, shower stalls, wire, scrap metal, metal pieces, piles of earth or sand, bricks, or any similar objects that adversely affects the residents or environment by placing them at risk of unhealthy or offensive or otherwise injurious conditions.
(r) Livestock or fowl waste. Any accumulation of waste manure, straw, or other bedding material resulting from the transportation, housing, or confining of animals.
(s) Litter. Garbage, rubbish, waste material, or animal or human waste improperly disposed of by discarding, abandoning, allowing to accumulate, scattering, or depositing outside an approved container.
(t) Inoperable vehicle or vehicles. In no event shall any inoperable vehicle or vehicles, as defined by § 93.025, that constitute a health or safety hazard be kept or located on any premises. For the abatement of nuisance conditions related to the keeping of any inoperable vehicles, the notice provisions of § 92.072 shall be in effect. Any notice or proceeding hereunder by the health department to abate a nuisance condition created by an inoperable vehicle or vehicles shall be construed as separate and cumulative to any other proceedings under §§ 93.025 through 93.035.
(u) Abandoned property. Any deteriorated, wrecked, or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected from the elements, and shall include, without being so restricted, deteriorated, wrecked, inoperative, or
partially dismantled motor vehicles (as provided in § 93.026), trailers, boats, machinery, refrigerators, washing machines, appliances, machine parts, stoves, dryers, furnaces, water heaters, plumbing fixtures, furniture, and any other similar articles in that condition.
(v) Graffiti. Any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings that are scratched, scrawled, painted, drawn, or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb, or other permanent structure on public or private property and that has the effect of defacing the property.
(w) Food storage and removal. All stored food for animals or fowl must be kept either indoors or in a weather-resistant container designed to prevent access by animals or insects. Uneaten food shall be removed daily.
(1957 Rev. Ords., § 7.801; 1992 Code, § 19-50) (Ord. 2677, passed 4-20-1970; Ord. 35-72, passed 6-6-1972; Ord. 89-81, passed 11-2-1981; Ord. 120-95, passed 9-5-1995; Ord. 72-03, passed 8-11-2003; Ord. 58-07, passed 4-16-2007; Ord. 16-13, passed 4-2-2013)
Cross-reference:
Animals and fowl, see ch. 90
Garbage and recycling, see ch. 57
Plumbing, see §§ 150.301 et seq.
Utilities, see title V