The following acts, omissions, places, conditions and things are specifically declared to be nuisances, but shall not be construed to exclude other nuisances coming within the definition of § 94.02:
(A) The following places, conditions, acts and things are specifically declared to be public health nuisances:
(1) All decayed, harmfully adulterated or unwholesome food or drink sold or offered to the public;
(2) Carcasses of animals or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death;
(3) Any accumulation of decayed or animal or vegetable matter, trash, junk, rubbish, rotting lumber, bedding, packing material, automotive parts, building materials, machinery, dead trees, or parts thereof, junk or inoperable vehicles, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed, or which may be 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, river, lake, canal or body of water by sewage, industrial wastes, or other substances;
(8) Any use of property, substances or things within the city emitting or causing 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 use of property as a slaughter house;
(10) All abandoned wells not securely covered or secured from public use;
(11) Any structure used for the collection or deposit of trash or garbage that has an open door allowing access into said structure, except when the door is open to allow the structure to be used for the deposit or removal or trash or garbage, or to allow the structure to be cleaned or repaired;
(12) The accumulation of animal waste in such quantities as to create a noxious odor which can be detected from the property of another or a public right-of-way;
(13) A condition that violates environmental laws, air pollution control laws or water pollution control laws as those terms are defined under I.C. 13-30-6-1; and
(14) Firewood piles, in residentially zoned areas of the city, stacked more than six feet high or less than six inches from the ground without concrete, steel, or some other inorganic material as a base.
(B) The following places, conditions, acts and things are specifically declared to be public nuisances offending public morals and decency:
(1) All buildings or structures kept or resorted to for the purpose of prostitution or deviant sexual conduct;
(2) All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this code or state law in violation of the laws of the state or the ordinances of the city; and
(3) Any place or premise within the city where city ordinances or state laws relating to public health, safety, peace or welfare are openly, continuously repeatedly and intentionally violated.
(C) The following places, conditions, acts and things are declared to be public nuisances affecting peace and safety:
(1) All unauthorized signs, signals, markings, or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing;
(2) All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from having a clear view of traffic when approaching an intersection or pedestrian crosswalk;
(3) All limbs of trees, hedges or other ornamental plants which project over a public sidewalk less than eight feet above the surface of that sidewalk or less than ten feet above the surface of a public street or which would extend past a line which would reach upward from the sidewalk edge at a 90-degree angle to a point eight feet above the sidewalk;
(4) All use of display of fireworks except as provided by the laws of the state and ordinances of the city;
(5) All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground;
(6) (a) No person shall play, use, or operate any machine, motor vehicle, device, or thing that produces or reproduces sound if the sound therefrom generated, made, caused or otherwise emitted is audible 50 feet or more from its source:
1. At a level of more than 55 decibels for a period of five minutes or more within any 30-minute period between the hours of 8:00 a.m. and 10:00 p.m., when measured on a dB(A) scale; or
2. At a level of more than 50 decibels for a period of five minutes or more within any 30-minute period between the hours of 10:00 p.m. and 8:00 a.m., when measured on a dB(A) scale; or
3. At a level of more than 70 decibels for any period, when measured on a dB(A) scale.
(b) The following are exempted from the provisions of this division (C)(6):
1. Sounds emitted from authorized emergency vehicles;
2. Lawn mowers, weed blowers, garden tractors, construction and repair equipment, and similar home power tools, when properly muffled, between the hours of 6:00 a.m. and 10:00 p.m. only;
3. Burglar alarms and other warning devices when properly installed, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period;
4. Parades, festivals, carnivals, fairs, celebrations, concert performances, band and drum corps performances, and artistic performances, as well as any rehearsals for same, and all other events authorized by the Board of Public Works and Safety or other appropriate governmental entity;
5. Attendant noise connected with the actual performance of athletic or sporting events, and practices related thereto;
6. The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency construction, repair or other work;
7. Sounds associated with the use of legal consumer fireworks during the following days and times:
A. Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8 and July 9;
B. Between the hours of 10:00 a.m. and 12:00 midnight on July 4;
C. Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1;
8. Sounds associated with the use of the city Police Department firing range;
9. Sounds associated with the normal conduct of legally established non-transient businesses, organizations, and governmental entities, when such sounds are customary, incidental and within the normal range appropriate for such use;
10. Rubbish collection utilizing any mechanical equipment, between the hours of 6:00 a.m. and 9:00 p.m. only;
11. Subject to the other provisions of this section, and any other applicable law, rule, or regulation, those sounds associated with motor vehicles lawfully operating on city streets;
12. Sounds associated with equipment or animals lawfully utilized by handicapped persons to accommodate their handicap;
13. Sounds associated with the operation of aircraft or snow removal equipment;
14. Sounds associated with church and temple bells and chimes;
15. Sounds associated with building construction, between the hours of 7:00 a.m. and 9:00 p.m. only, as well as, and to the extent that, such construction is necessitated at other times due to a bona fide emergency, as that term is defined in IC 36-1-2-4.5, as the same may be amended from time to time.
(c) No person shall keep any animal which, by causing frequent or long-continuing noise that is audible 50 feet or more from its source when the animal is on public property, or 50 feet or more outside of a private property line when the animal is on private property, does disturb the comfort or repose of any other person.
(7) All obstructions of streets, alleys, sidewalks, or crosswalks and excavations in or under the same, except as permitted by the ordinances of the city, which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been or should have been accomplished;
(8) All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley, or sidewalks;
(9) All abandoned refrigerators, iceboxes or similar containers from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only with the strength of a small child;
(10) Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks;
(11) Any sign, marquee, or awning which is in an unsafe condition, or which hangs over any roadway or sidewalk less than eight feet above the roadway or sidewalk surface; and
(12) Any other nuisance as may be defined by the Indiana Code.
(Ord. 2006-02, passed 12-18-06; Am. Ord. 2015-03, passed 5-26-15; Am. Ord. 2023-09, passed 6-26-23) Penalty, see § 94.99