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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. An establishment having as substantial or significant portion of its stock in trade, books, magazines, or films for sale or viewing on premises by use of motion picture devices or any other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET. A public or private establishment which features topless dancers, strippers, male or female impersonators, or similar entertainers.
ADULT MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical area for observation by patrons therein.
CLEAN FILL. Any concrete, rock, gravel, sand, dirt, or clay which has not been used as an absorbent for a regulated substance. Articles that contain chrome, are petroleum-based (such as asphalt), are compactable, or are burnable materials (such as, but not limited to, paper, wood, or plastic) are prohibited.
MANURE. Animal excreta and other materials such as bedding, straw, soil, hair, feathers, and other debris normally included in animal waste-handling operations.
PUBLIC NUISANCE. Unlawfully doing an act or omitting to perform a duty, which act or omission annoys, injures, or endangers the comfort, repose, health, or safety of others; in any way renders other persons insecure in life or in the use of property; renders the ground, the water, the air, or food a hazard or an injury to human health; and, in addition, the specific acts, conditions, and things listed in § 92.02 are hereby declared to constitute public nuisances; however, such additional enumeration is not deemed to be exclusive.
SPECIFIED ANATOMICAL AREAS. The following shall not be less than completely and opaquely covered:
(1) Human genitals or pubic region;
(2) Buttocks;
(3) Female breast below a point immediately above the top of the areola; and
(4) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy; and
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
STOCKPILING. In this context, it is unhealthful accumulation of a substance which causes a noxious odor; provides for infestation of flies, mosquitoes, rodents, or other pests; or is present in such concentration that potential exists to cause contamination of water or soil by leaching, lateral transport, absorption, or other movement.
(Prior Code, § 8.24.030) (Ord. 03-1, passed - -)
The following are hereby declared to constitute public nuisances:
(A) Abandoned property. Any deteriorated, wrecked, dismantled or partially dismantled, inoperable, and/or abandoned property in unusable condition having no value other than nominal scrap or junk value which has been left unprotected outside of a permanent home structure from the element. Without being so restricted, this shall include deteriorated, wrecked, dismantled or partially dismantled, inoperable, abandoned, and/or unlicensed motor vehicles, abandoned mobile homes, trailers, boats, machinery, refrigerators, washing machines, and other appliances, plumbing fixtures, furniture, building materials, and any other similar articles in such condition. This shall not include any item which may be reasonably recognized as an antique by dealers in those types of items;
(B) Unsafe structures. Structures that are unsafe, constitute a fire hazard, or are otherwise dangerous to human life or the public welfare shall be taken down and removed or made safe. A vacant structure that is not secured against entry shall be deemed unsafe;
(C) Breeding place for flies, rodents, and/or pests. The unhealthful accumulation or stockpiling of manure, garbage, tires, debris, or discarded items;
(D) Combustible materials. Any dangerous accumulation upon any property of combustible refuse matter such as papers, sweepings, rags, grass, dead trees, tree branches, wood shavings, wood, magazines, cardboard, and the like;
(E) Garbage and refuse. Household waste (including, but not limited to, items such as paper, rags, trash, garbage, discarded clothing, shoes, curtains, linen and other apparel, tin cans, aluminum cans, plastic containers, glass containers, cleaning utensils, cooking utensils, and discarded household fixtures) when such items are stored, collected, piled, or kept on private or public property and in view of adjacent properties or public rights-of-way;
(F) Fill. Filling a gravel pit or other hydrologically- or environmentally-sensitive area with something other than clean fill;
(G) Impure water. Any well or supply of water which is not in compliance with or is in violation of sanitary sewer district regulations, state water regulations, or state waste laws or county ordinances;
(H) Manure disposal. Any outspread accumulation of manure which has been transported from the point of generation. Any manure deposited within 300 feet of a residence without benefit of incorporation into the soil;
(I) Polluting river. Depositing any dead animal, decayed animal, vegetable matter, garbage, discarded items, manure, or any slops or filth whatever, either solid or fluid, into any water body designated or undesignated as a source of water supply or allowing such material to be deposited or remain in an area where runoff from such material may end up on such water body;
(J) Transport of materials. Deposition, permitting deposition, or negligent deposition on any road, highway, or public right-of-way any manure, seepage, garbage rubbish, fill, fuel, fertilizers, wastes, chemicals, or wood while engaged in handling or removing any such substances;
(K) Vegetation. Weeds and grass, exclusive of crops and pasture land, growing to a height of greater than eight inches; and
(L) Adult-oriented stores and premises. Adult bookstores, adult entertainment cabarets, or adult motion picture theaters that are located within 1,000 feet of any existing residential zone, school, church, park, playing fields, or other areas in which large numbers of minors regularly travel or congregate.
(Prior Code, § 8.24.050) (Ord. 03-1, passed - -) Penalty, see § 92.99
(A) Violation. It is declared a nuisance for any person to install or maintain machines or installations of any kind which unnecessarily or avoidably causes interference with radio and television reception within in the city.
(B) Abatement. It shall be the duty of the Chief of Police of the city to inspect any device or installation of any kind which may be causing interference with radio and television reception, and whenever he or she shall find such device or installation is unnecessarily or avoidably causing the interference, he or she shall notify the owner or operator of same to abate such nuisance within 30 days or less. Whenever such owner or operator of the device or installation shall fail to abate such nuisance within the prescribed time, it shall be the duty of the Chief of Police, and he or she shall have the power to cause electrical service to the premises whereon such nuisance is being maintained to be disconnected and discontinued until such time as nuisance has been abated.
(Prior Code, § 8.24.010) Penalty, see § 92.99
Notwithstanding any provision of this chapter to the contrary, it is expressly declared that a person shall not be charged with a violation of and no relief can be sought against the person under the provisions of this chapter when the conduct or activity which is alleged to violate this chapter is conduct or activity which is authorized by permit, license, authorization, or approval issued by the United States of America or the state, county, city, and/or any agency or department of those governmental entities.
(Prior Code, § 8.24.080) (Ord. 03-1, passed - -)
BUILDING NUISANCES
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