(A) Activities and businesses prohibited.
(1) Subsequent to the effective date of this section, the following acts, conditions, activities and businesses are hereby prohibited, except as hereinafter permitted:
(a) Unwholesome substances, garbage, refuse, offal or similar substances shall not be brought into, deposited, left, dumped or allowed to accumulate within the city;
(b) A public nuisance is a crime against the order and economy of the city and consists of an unlawful act or omission of an act which, and, as such, any public nuisance is hereby prohibited, shall:
1. Annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons;
2. Offend public decency;
3. Unlawfully interfere with or obstruct for passage of pedestrians or vehicles on any public rights-of-way or public lands; and
4. In any way render a considerable number of persons insecure in life or the use of property.
(c) The owners and occupants of lands shall remove such substances described in division (A)(1)(b) above or eliminate any public nuisance within 30 days of a written notice from the City Council. In the event of refusal or default, the Council may order such removal or abatement at the owner’s expense and that expense shall become a lien upon the property to be collected as a special assessment.
(2) It shall be unlawful for any person to engage in any trade or employment which is harmful to the inhabitants or dangerous, obnoxious or injurious to the public health or the repose of the public.
(3) It shall be unlawful for any person to cause or permit garbage, cans or other refuse to be thrown or scattered upon any private or public lands within the city.
(B) Exceptions. The provisions of this section do not apply to the hauling, accumulation or spreading of manure or fertilizers for the purpose of agriculture.
(C) Public nuisances affecting health. The following are declared to be nuisances affecting public health:
(1) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(2) All diseased animals running at large;
(3) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; and
(4) The pollution of any public or private well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other subranges.
(D) Mosquito breeding sites.
(1) Declaration of policy. The City Council finds and determines that the public health is threatened by the potential spread of the California encephalitis virus via the Aedes Triseriatus (Tree Hole Mosquito). It is declared to be the intention of the Council to control and prevent the spread of this disease and this section is enacted for that purpose.
(2) Nuisances affecting the public health. Breeding sites of the Aedes Triseriatus (Tree Hole Mosquito), including unused tires (not mounted on wheels), pots, pans, cans, pails, bottles and other containers left outdoors in which water or debris may accumulate, are declared to be public nuisances. No person shall knowingly create or allow these breeding sites to exist on property which they own or occupy.
(3) Penalties. Any person who violates the provisions of this division (D) shall be subject to the penalties of § 92.99 of this chapter.
(1994 Code, § 10-4) (Ord. 35, passed 4-23-1998) Penalty, see § 92.99