(a) Generally. 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; or
(2) In any way render the public insecure in life or in the use of property; or
(3) Greatly offend the public morals or decency; or
(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.
(b) The following acts, omissions, places, conditions and things are hereby
specifically declared to be nuisances, but shall not be construed to exclude other nuisances
coming within the definition of subsection (a) hereof.
(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 buried or otherwise disposed of in a sanitary manner within twenty-four hours after death;
(3) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, abandoned vehicles or machinery, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed; or which may constitute a fire hazard;
(4) All stagnant water in which mosquitoes, flies or other insects can multiply;
(5) Garbage cans which are not fly-tight;
(6) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the City limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;
(7) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;
(8) Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, 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 City;
(9) Any barn, stable yard, shed, pen or other place where animals or fowl are kept which is not maintained in a clean condition; or any animals or fowl which because of disease, unsanitary conditions, odor or noise, discomfort or injure the health or well-being of residents of the City;
(10) All abandoned wells not securely covered or secured from public use; any obstruction to watercourses, drainage ditches or ravines;
(11) All noxious weeds as defined by the laws of the State or ordinances of the City.
(12) Building materials not being used for immediate construction shall be stored in an enclosed accessory or other structure.
(13) Tarping shall not constitute a storage structure for the purposes of this section and the use of tarping for such purposes is to be prohibited.
(14) Upholstered furniture constructed for interior use, carpeting, mattresses, box springs, clothing and any such fabric items shall be stored in residential dwellings or accessory structures designed for such purposes and shall not be stored or placed on the exterior of a structure. Structures intended for such storage shall be constructed so as to be secure from the elements and rodent infestation.
(Ord. 2012-3. Passed 12-18-12.)
(15) All buildings, bridges or other structures so old, dilapidated, out of repair or kept and maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition which is unsafe, unsanitary or otherwise unfit for human use, and which have been subject to any order adopted by the Building Safety Commission in accordance with the provisions of Article 1725 of the Codified Ordinances. (Ord. 2018-01. Passed 6-19-18.)
(16) Any premises used for prostitution, illegal gambling, illegal possession, storage, or delivery of or trafficking in controlled substances, or other illegal drug activity, provided that no public nuisance or violation of this Article shall be deemed to exist unless:
A. The property is used for two (2) or more such offenses or incidents within any twelve (12) month period; or
B. The offense for which the property is used is punishable by imprisonment for one (1) year or more.
(Ord. 2019-01. Passed 7-17-18.)