(A) Health and sanitation nuisances are those things that render the ground, water, air, or food hazardous or injurious to human life, health, that is offensive to the senses, or that threatens to become detrimental to the public health. Any person causing, permitting, or suffering a nuisance to exist upon any premises or upon any building occupied or controlled by him or her or in any street, alley, sidewalk, or gutter immediately adjacent to such premises shall, upon conviction, be guilty of a misdemeanor.
(B) In addition to other nuisances identified herein, the following health and sanitation nuisances are specifically declared to constitute public nuisances:
(1) Bakeries, restaurants, food markets, and other places where food is prepared, kept for sale, or served and not kept in a clean, sanitary condition, or for which a valid health certificate has not been issued, in which employees have a communicable disease, in which suitable sanitary toilet facilities are not provided, or in which insects, flies, rats, mice, or vermin have access to food.
(2) The storage, sale, or transportation of spoiled or diseased meats or other foods.
(3) The maintenance of organic material accumulations, such as manure piles in barns, stables, hog pens, chicken yards, and cow lots, that are breeding places of insects, flies, or mosquitoes or convenient harborage for rats and mice.
(4) The discharge or exposure of sewage, human excreta, wastewater, garbage, or other organic filth into or on any place in such a manner that transmission of disease from the infected material may result, or the placing or maintaining of such materials as tin cans or rubbish of any sort that might constitute a breeding place for mosquitoes or flies or offer a hiding place or protection for rodents.
(5) Privies not protected against flies or privies and cesspools the drainage from which is likely to pollute the soil, surface water, or water supply from which water for public or private consumption is obtained.
(6) Cellars, vaults, drains, pools, privies, sewers, yards, grounds, or premises which have become foul, nauseous, or not maintained with adequate ingress or egress or not sufficiently supported, ventilated, sewered, drained, cleaned, or lighted.
(7) Any transportation of garbage, human excreta, or other organic waste, except in tight covered wagons or containers which prevent leakage or access to flies.
(8) Stagnant water on private or public premises likely to afford breeding places for mosquitoes.
(9) Hide houses, bone boiling, or rendering establishments, tallow soap work, or other trades deleteriously affecting public health.
(10) All carcasses; all decaying flesh, fish, fowls, fruit, or vegetables; all deposits of manure; all flesh of any kind or description whatever; all filthy or offensive water or slops in any private yard or premises; and all other unwholesome substances upon any street, alley, public ground, or enclosure.
(11) Sweeping or depositing of trash, paper, or rubbish into any street, alley, public thoroughfare, or other public place.
(12) Burning any substance that may cause or produce an offensive smell, smoke, or odor capable of annoying persons living in the vicinity or persons passing along the streets, alleys, or public thoroughfares.
(13) Permitting or allowing weeds, filth, or rubbish of any kind to remain on any sidewalk in front of or at the side of any premises or in the street adjacent to the premises, or upon any alley that may be at the rear or side of the premises.
(14) Scattering or distributing any advertisements, circulars, handbills, printed or written announcements, or paper of like character, or any medicines, upon the streets, sidewalks, alleys, or within the public buildings or grounds of the city.
(15) Conducting or causing to be conducted any matter that obstructs any alley or gutter, drain, or public ground, except such articles as are permitted by city law.
(16) Buildings, barns, sheds, filling stations, construction camps, junk shops, camp houses, or any part thereof, which are in such a dilapidated or filthy condition as to harbor vermin or endanger the life or health of persons living in the vicinity or the public generally.
(17) Displaying food in the open air, unless in proper cases constructed so as to protect such food from insects, flies, dust, filth, dogs, rodents, and insects.
(18) Every trade, business, or occupation injurious to the health or comfort of persons who reside in the vicinity, and any can or receptacle containing water or slops that have become stagnant, offensive or unwholesome.
(19) Conducting any business or enterprise that allows paper, paper cups, or any other debris to escape from such premises or building and litter any sidewalk, alley, street, or other public place or private property.
(20) Allowing weeds, grass, or other uncultivated plants to attain a height greater than 12 inches on any lot or tract of land, within the city.
(21) Allowing rubbish, brush, or any other unsightly, objectionable, or unsanitary matter to grow or accumulate on any lot within the city.
(22) Any person, group of persons or corporation owning or having control of any fence within the city shall be responsible to maintain the fence in a safe and visibly presentable condition. All fencing shall be maintained in an attractive state and shall not be allowed to lean, sag, warp or otherwise fall into disrepair. Any missing, rotted, loose or broken pieces shall be replaced. This shall include replacement of broken or defective boards, posts, wire, wood, wrought iron, vinyl, brick, pierced brick, stone, mortar, blocks, wood or other fence parts or a combination of some or all. This section requires owners to remove, repair, or replace fences identified in violation that may cause the fence to be unsafe or unsightly.
(C) Existing fences are subject to inspection and may be tagged as safety hazards or public nuisances if not adequately maintained. Should such notification occur, the owner of the property has 90 days rectify. Property owners or residents may seek a one-time 90-day extension from the Chief of Police or designee.
(Ord. 2008-005, passed 8-19-2008; Am. Ord. 2009-013, passed 10-20-2009; Am. Ord. 2018-002, passed 3-20-2018)