CHAPTER 92: HEALTH AND SANITATION; NUISANCES
Section
General Provisions
   92.001   Scope and purpose
   92.002   Definitions
General Nuisances
   92.015   Deemed nuisances
   92.016   Filing a complaint
   92.017   Notice of violation; right to review
   92.018   Abatement or filing of review required
   92.019   Notice of review
   92.020   Issuance of ticket of violation
   92.021   Abatement
   92.022   Landowner responsible for costs
Weeds, Trees, Bushes
   92.035   Weeds and noxious vegetation
   92.036   Overhanging tree limbs and bushes
   92.037   Notice to cut vegetation
   92.038   Removal
   92.039   Duty of owner, manager, lessee or tenant
Non-Domestic Animals
   92.050   Building materials not to provide for harborage for animals
   92.051   Notice to owner from Health Officer
   92.052   Action required by owner
   92.053   Food and/or feed protection
   92.054   Feeding of big game animals prohibited
Waste Removal
   92.065   Depositing of filth and obnoxious/offensive substances
   92.066   Deposits prohibited
   92.067   Manure
   92.068   Stagnant water
   92.069   Dead animals
   92.070   Keeping or using putrid materials
   92.071   Unwholesome business
   92.072   Scattering papers
   92.073   Unauthorized use of city garbage containers/unauthorized dumping/theft of services
 
   92.999   Penalty
GENERAL PROVISIONS
§ 92.001 SCOPE AND PURPOSE.
   The purpose of this chapter is to regulate acts, conditions, and things that are or may be injurious to the health and/or safety of the public; that are indecent or offensive to the senses; or that are an obstruction to the free use of property so as to interfere with the comfortable enjoyment of another’s life or property.
(Ord. 1.90A, passed 5-15-2014)
§ 92.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   BIG GAME ANIMAL. Any cloven-hoofed wild animal, mountain lion, or wild turkey.
   DAMAGED BUILDING. Any structure and/or building which has been destroyed or damaged by natural disasters or fire and has not been torn down, salvaged, or repaired.
   DILAPIDATED BUILDINGS. Any structure, which, because of the lack of maintenance, has become a fire hazard or a public health or safety hazard.
   FIREWORKS. A device consisting of a combination of explosives and combustibles, set off to generate colored lights, smoke, and noise for amusement.
   GARBAGE. Cans, bottles, ashes, kitchen refuse, and/or an accumulation of animal and vegetable matter which attends the preparation, cooking, and eating of food, cans, bottles, and ashes.
   IMPURE WATER. Any well or other supply of water used for human consumption or for household purposes which has become polluted.
   INDECENT. Conduct or language patently offensive in its content or application.
   LICENSED PREMISES. Any premises which is licensed to allow sexually oriented performing and which is licensed for the sale of alcoholic beverages.
   NUDITY. The showing of the human male or female genitals with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering or any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernable turgid state.
   NUISANCE. Anything which is injurious to the health or safety, is indecent or offensive to the senses, or is an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property.
   RODENT HARBORAGE. Any condition which provides shelter or protection for rodents thus favoring the rodents’ multiplication and continuous existence in, under, or around a structure of any kind.
   RODENTS. Any non-domestic animal, including but not limited to rats, skunks, and raccoons.
   RUBBISH. Any waste other than garbage, including paper, boxes, cartons, wastes from gardens and lawns, and tree branches.
   SEXUAL CONDUCT. Any act of masturbation, sexual intercourse, or other physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, the breast.
   STAGNANT WATER. Any excavation, pond, or low-lying area, public or private, in which water has become stagnant, has produced mosquito larvae, and/or has an offensive odor.
   WASTE MATERIAL. Any noncombustible inorganic matter, including but not limited to ashes, glass, sand, earth, stones, concrete, mortar, metals, and tin cans.
   WRECKED VEHICLE. Any automobile which, because of body damage or operating apparatus, including tires and wheels, is in such a condition to render the start, legal operation, or use of said automobile impossible.
(Ord. 1.90A, passed 5-15-2014)
GENERAL NUISANCES
§ 92.015 DEEMED NUISANCES.
   The following specific acts, conditions, and things are each declared a public nuisance; however, this enumeration shall not be deemed to be exclusive:
   (A)   Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any garbage, refuse, or waste which is likely to cause or transmit disease or which is a hazard to health;
   (B)   Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any rubbish. This provision shall not include building materials for sale used on pending construction;
   (C)   Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any waste material. This provision shall not include materials which are not human-made and are used to fill a site for the purpose of construction or land leveling;
   (D)   Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any abandoned, discarded, or unused furniture, refrigerators, washing machines, dryers, stoves, sinks, toilets, cabinets, or household furnishings/fixtures, and/or storing said items in such a manner as to be visible to the public from adjoining property, public alleys, or streets;
   (E)   Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any vehicle or vehicles that is/are abandoned, wrecked, dismantled, or inoperative, including any vehicle with flat tires, missing wheels, and the like;
   (F)   (1)   Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any automobile or automobiles which is/are non-licensed automobiles or because of body damage, or operating apparatus, including tires and wheels, is/are in such a condition to render the start, legal operation, or use of said automobile or automobiles impossible; and
      (2)   Any vehicle which is left for repair at a regularly operated repair garage is exempt from this section.
   (G)   Any trailer, recreational vehicle, or implement which is left standing on a public right-of-way for a period of 36 hours or longer;
   (H)   Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any trees and/or bushes that interfere with the health, safety, or enjoyment of another;
   (I)   Damaged buildings;
   (J)   Dilapidated buildings;
   (K)   Impure water;
   (L)   (1)   Undressed hides, which for any reason are kept longer than 24 hours; and
      (2)   Hides which are kept at a place where they are to be manufactured into items such as gloves, coats, and the like and are stored inside an approved structure which complies with all health regulations for such manufacturing shall be exempt from this section.
   (M)   (1)   The accumulation of manure; and
      (2)   Manure accumulated to be properly used as a fertilizer shall be exempt from this section.
   (N)   Rodents;
   (O)   Stagnant water;
   (P)   Any dead animal remaining on any public or private ground for a period of more than 24 hours;
   (Q)   Depositing, placing, letting fall, or throwing materials into a pond, pool, or waterway as to pollute said water;
   (R)   Erecting or maintaining any privy or cesspool unless approved by the Board of Commissioners and the State Department of Environment and Natural Resources;
   (S)   (1)   Ignition of any bonfire or campfire on public or private property;
      (2)   Campfires which are placed in approved fire rings and are in conjunction with a year-round, state-licensed campground shall be exempt from this section; and
      (3)   Approved campgrounds shall receive approval from the Fire Chief in writing prior to burning.
   (T)   Parking or allowing a livestock truck, trailer, or any other vehicle which gives off an offensive odor or contains an offensive substance or other filth on any public or private grounds;
   (U)   Causing or allowing any offensive, foul odors or stenches that are dangerous or offensive to the neighborhood to be emitted from public or private property;
   (V)   Causing or allowing pieces of paper, newsprint, excelsior, handbills, posters, building paper, advertisements, or other materials to be carried about by the winds;
   (W)   Leaving or allowing to remain outside of any dwelling, building, or other structure or within any unoccupied or abandoned building, dwelling, or other structure under his or her control, in a place accessible to children, any non-operating ice box, refrigerator, or other container without first removing said door or lid for said ice box, refrigerator, or container; or
   (X)   Depositing or placing any offal, filth, filthy waters, human or animal waste, or obnoxious liquid substances, including, for example, but not limited to: petroleum products such as oil and gasoline, on any private lot or public grounds.
(Ord. 1.90A, passed 5-15-2014)
§ 92.016 FILING A COMPLAINT.
   (A)   Unless otherwise stated in this chapter, in the event any city representative receives a complaint, either orally or in writing, he or she shall forward the complaint to the Code Enforcement Officer for investigation.
   (B)   As part of the investigation, the Code Enforcement Coordinator shall obtain the following information in writing:
      (1)   Name, address, and phone number of the person making said complaint;
      (2)   Address of the property for which the complaint is being filed; and
      (3)   Nature of the complaint.
   (C)   After obtaining the necessary information from the complainant, the Code Enforcement Coordinator will request assistance from the Code Enforcement Officer or request an investigation by a more appropriate city employee and/or agent as is necessary based upon the nature of the complaint.
(Ord. 1.90A, passed 5-15-2014)
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