For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC NUISANCE. A public nuisance is an object, 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;
(2) In any way render the public insecure in life or in use of property;
(3) Greatly offend the public morals or decency; or
(4) Unlawfully and substantially interfere with, or obstruct, or tend to obstruct or render dangerous for passage any street, alley, or other public way, or use of public property.
PUBLIC NUISANCE AFFECTING HEALTH. The following acts, omissions, places, conditions and objects are hereby specifically declared to be public nuisances, but such enumeration shall not be considered to exclude other health nuisances or hazards coming within the definition of “public nuisance” above:
(1) All decayed, harmfully adulterated, or unwholesome food or drying sold or offered for sale to public;
(2) Carcasses of animal, fowl, or fish not intended for human consumption or food which are not buried or otherwise disposed of in appropriate sanitary manner within 24 hours after the death of such animal, fowl, or fish;
(3) Accumulation of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal, or any material whatsoever in which flied, mosquitoes, disease- carrying insects, rats, or other vermin may breed;
(4) All noxious weeds and other rank growth of vegetation, which are allowed to exceed one foot;
(5) All animals running at large;
(6) Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk, or public place within the town limits;
(7) A rat harborage where rats or other vermin can live and breed;
(8) All stagnant water in which mosquitoes, flies, or other insects can multiply;
(9) Any noxious odor area where emissions of any noxious odor, foul odors, offensive odors, noisome odors, nauseous odors, gases, or any stench, repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property;
(10) A well pollution area where pollution from the premises entering the groundwater has caused a private or public drinking water on another property to become contaminated;
(11) A surface water pollution area where pollution from the premises entering the surface water has caused a private or public drinking water on another property, or any river, stream, lake, ditch, canal, or other body of water to become contaminated;
(12) An air pollution area where emissions of smoke soot, fumes, gases ash, dust, or other pollutants into the atmosphere repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property;
(13) An improper sewage area where the effluent from sewer, septic tank, holding tank, or cesspool on the premises is in a condition and location to cause a menace or danger to public health of person;
(14) A hazardous waste area where the discharge, storage or treatment of hazardous, nuclear, or toxic waste are allowed to accumulate to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property; or
(15) A noxious material discharge area where the discharge, disposal, storage, or treatment of noxious, filthy, decaying, or nausea materials repulsive to the senses of ordinary person are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property.
PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following acts, omissions, places, conditions, and objects are hereby declared to be public nuisances affecting peace and safety, however, such enumeration shall not be construed to exclude other nuisances affecting peace or safety coming within the provisions of “public nuisance” above:
(1) All signs and billboards, awnings, and other structures over or near streets, sidewalks, public grounds, or places frequented by the public, so situated or constructed as to endanger the public;
(2) All trees, hedges, or other obstructions which prevent persons driving vehicles on public streets or alleys from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. Any such obstruction which falls within a vision clearance triangle extending 25 feet horizontally along each street line from their intersection and within a vertical clearance of six feet shall be presumed to be a violation of this definition;
(3) All limbs of trees which project over and less than eight feet above the surface of a public sidewalk, or 14 feet above the surface of the portion of the street or alley traveled by vehicles;
(4) The use or display of fireworks;
(5) All buildings or structures so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use or occupancy;
(6) All loud, discordant, and unnecessary noises or vibrations of any kinds, which greatly annoy or disturb a neighborhood or any considerable number of persons within the town;
(7) The keeping or harboring of any animal or fowl which frequently or habitually howl, yelp, bark, crow, or make other noises which greatly annoy or disturb a neighborhood or any considerable number of persons within the town;
(8) All obstruction of streets, alleys, sidewalks, or crosswalks and all excavation in or under same, except permitted by the ordinances of the town or which although made in accordance with such ordinances, are kept or maintained for unreasonable or illegal length of time after the purpose thereof has been accomplished;
(9) All open and unguarded pits, excavations, or unused basements freely accessible from any public street, alley, or sidewalk;
(10) All abandoned refrigerators or iceboxes; or
(11) Repeated or continuous violations of the ordinances of the town relating to the use or storage of flammable liquids.
PUBLIC NUISANCES, OTHER. The following acts, omissions, places, conditions, and objects are hereby specifically declared to be public nuisances offending the comfort, health, repose, or safety of the town, but such enumeration shall not be construed to exclude other public nuisances within the definition of “public nuisances” above:
(1) All owners of property located within a residential district of the town who fails to keep their premises free of litter, debris, trash, or rubbish shall be in violation of this definition;
(2) All property owners within the town who allow their property to accumulate trash, litter, or rubbish shall be considered to be in violation of this definition;
(3) LITTER as used in this subchapter, includes, but is not limited to, trash and wastepaper lying scattered about, and an untidy accumulation of objects of any kind;
(4) TRASH as used in this subchapter includes, but is not limited to, some thing or object worth little or nothing, or some thing or object in a crumbled, broken, or inoperable condition; or
(5) RUBBISH as used in this subchapter includes, but is not limited to, waste materials and refuse of every character and kind, collected and/or accumulated.
(1995 Code, § 12-1) Penalty, see § 92.99