(A) General definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENGINE BRAKING. Noise from the use of engine brakes (a practice commonly known as “jake braking”) is declared a nuisance in the one mile nuisance jurisdiction of the village. The use of ENGINE BRAKES is not permitted within a mile of village limits.
LITTER. Includes, but is not limited to:
(a) Trash, rubbish, refuse, garbage, paper, rags and ashes;
(b) Wood, plaster, cement, brick or stone building rubble;
(c) Grass, leaves and worthless vegetation;
(d) Offal and dead animals; and
(e) Any machine or machines, vehicle or vehicles or parts of a machine or vehicle which have lost their identity, character, utility or serviceability as such through deterioration, dismantling or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded or thrown away or left as waste, wreckage or junk.
NUISANCE. Consists of doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing:
(a) Injures or endangers the comfort, repose, health or safety of others;
(b) Offends decency;
(c) Is offensive to the senses;
(d) Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street or highway in the municipality;
(e) In any way renders other persons insecure in life or the use of property; or
(f) Essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others.
POLLUTED AIR. Air shall be considered to be POLLUTED when the discharge into the open air of dust, fumes, gases, mist, odors, smoke or any combination of same is of such a character and such a quantity which to any group of persons interferes with their health, repose or safety, or causes severe annoyance or discomfort, or is offensive and objectionable to normal persons and causes injury to real and personal property of any kind.
UNSAFE BUILDING. Any building, shed, fence or other human-made structure which is dangerous to the public health because of its condition and which may cause or aid in the spread of diseases or injury to the health of the occupants of it or neighboring structures; which because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire and constitutes or creates a fire hazard; which by reason of faulty construction or any other cause is liable to cause injury or damage by the collapse or fall of all or any part of such structure. UNSAFE BUILDING also means any building that is declared unsafe by the Village Board or one that is defined as unsafe by the International Property Maintenance Code (in its amended and current form), and any structure declared by the Village Board to be dangerous to the public health of the residents of the village.
WEEDS or NOXIOUS GROWTH. Any weeds, grasses or worthless vegetation which exceed 12 inches in height or eight inches in height on any lot or piece of ground located within the corporate limits of the village during any calendar year if, within the same calendar year, the village has acted to remove weeds, grasses or worthless vegetation exceeding 12 inches on the same lot or piece of ground and had to seek recovery of the costs and expenses of such work from the owner. The terms include, but are not limited to, bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canadian thistle (Cirsium arvense), perennial peppergrass (Lepidium draba), Russian Knapweed (Centaurea picris), Johnson grass (Sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa) and ragweed (Ambrosiaceae) or any noxious weed that is designated and listed as noxious in rules and regulations adopted and promulgated by the State Director of Agriculture.
(B) “Nuisances” further defined. The maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts, omissions, places, conditions and things are hereby declared to be NUISANCES:
(1) Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter or the whole or any part of any dead animal, fish or fowl;
(2) The emission of smoke, dust, fumes, gases, mists, odors or polluted air from any source that is injurious or offensive to the residents of the village;
(3) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats or other insects and rodents, or which are foul or malodorous;
(4) Filthy, littered or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings or premises;
(5) Dead animals or dead animals buried within the corporate limits;
(6) Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the municipality;
(7) Hauling any garbage, waste or refuse matter through the streets and alleys, except when the same is loaded and conveyed in such a way when none of the contents shall be spilled;
(8) Liquid household waste, human excreta, garbage, butcher’s trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity; provided, that nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the nuisance officer and/or village, nor the dumping of non-putrefying waste in a place and manner approved by the nuisance officer and/or village;
(9) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all trash or abandoned material unless the same be kept in covered bins or galvanized iron receptacles;
(10) Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of the articles or materials create a condition in which flies or rats or other insects or rodents may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof;
(11) Any unsafe building, unsightly building, billboard or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof;
(12) All places used or maintained as junk yards or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof;
(13) Stock-yards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when the places in which the animals are confined, or the premises on which the vegetable or animal matter is located are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom to the annoyance of inhabitants of the municipality or are maintained and kept in such a manner as to be injurious to the public health;
(14) Dead or diseased trees within the right-of-way of streets within the corporate limits of the village, or on private property within the one-mile zoning jurisdiction beyond the corporate limits;
(15) Undrained lots which hold or may hold stagnant water or any other nuisance;
(16) Any condition which allows the perpetuating of insects and rodents;
(17) Storage, accumulation, keeping, placing or allowing to remain trash, garbage, scrap and wrecked, worn-out, broken or inoperative, or partially destroyed or disassembled personal or real property of any kind, including any junk or abandoned motor vehicles, tractors, trailers, machinery and equipment;
(18) Any vehicle which is not properly registered, or is inoperable, wrecked, junked or partially dismantled and remaining longer than 30 days on private property. This does not apply to a vehicle in an enclosed building or a solid or semi-solid fence, a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the lawful operation of such business enterprise; or on private property, which is previously approved by the Board of Trustees by resolution for storage of said vehicles and complies with any limitation thereof; or a vehicle covered completely with a fitted cover as further described in §§ 132.30 through 132.32, and as long as said premises are not a nuisance and are maintained in a healthful and safe condition;
(19) Lots, pieces of ground and the adjoining streets and alleys with growth of weeds or noxious growth;
(20) Any operator of a motor vehicle that uses engine brakes when operating said vehicle, and in such a manner that the use of said brakes results in excessive or unreasonable noise likely to cause inconvenience or annoyance to persons within the village; and
(21) All other things specifically designated as nuisances elsewhere in this code.
(Ord. 575, passed 7-24-2013)
Statutory reference:
Similar provisions, see Neb. RS 2-946.02, 2-953, 17-555, 17-563 and 18-1720