§ 99.02 ACCUMULATION AND STOCKPILING PROHIBITED; DECLARATION OF PUBLIC NUISANCE.
   (A)   No person shall deposit, accumulate, store, maintain, allow to exist, or display waste on any property within the city, except as specifically permitted by this chapter or as otherwise authorized by law.
   (B)   No person or occupant of any land in the city shall authorize, permit or suffer violation of any provision of this chapter.
   (C)   Exceptions. The prohibitions of this chapter do not apply to the following:
      (1)   The temporary accumulation of limited quantities of waste in standard garbage or recycling collection receptacles provided for that purpose pending disposal or recycling in a legal manner, providing that the waste does not create offensive odors, unsightly conditions, or hazards to health; and
      (2)   The accumulation and distribution of compost, silage, or livestock manure in conjunction with normal crop or animal husbandry activities, so long as such activity is in compliance with all applicable zoning regulations, does not physically encroach upon the land of another, violates no statutes, rules, regulations, ordinances of the Department of Environmental Quality or the city, and is conducted in a reasonable manner so as to minimize any offensive odor, unsightly condition, or hazard to health.
   (D)   The accumulation and storage of waste is hereby found to create a condition tending to reduce the value of private property, to promote blight, deterioration and unsightliness, to invite plundering, to create fire hazards, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare of the inhabitants of the city. Therefore, the presence of waste on private property in violation of this chapter is hereby declared to constitute a public nuisance which may be abated in accordance with provisions of this chapter.
   (E)   Nothing stated within this chapter shall be construed to allow the accumulation or stockpiling of any waste prohibited by any other ordinance or regulation of the city or by any land use regulations or any other applicable laws, or to declare any noncommercial accumulation or stockpiling of waste as commercial, or to override provisions of any ordinance of the city regarding home occupations, or commercial endeavors relating to the storage and accumulation of commercial products. Nothing stated in this chapter shall be construed as authorizing any activity which at common law would constitute a public or private nuisance nor as legislatively amending or changing common law nuisance principles.
(Ord. 555, passed 11-9-2014)