The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(a) The existence of any structure or damaged partial structure, which because of fire, wind or other natural disaster, or physical deterioration, is no longer habitable as a dwelling or useful for any other purpose for which it may have been intended.
(b) The existence of any vacant building, garage or other outbuilding unless such buildings are kept securely locked, windows are kept glazed or neatly boarded up and the building is otherwise protected to prevent entrance thereto by vandals.
(c) Any condition which provides harborage for or attracts rats, mice, snakes, skunks, raccoons, opossum and/or other vermin.
(d) All disagreeable or obnoxious odors and stenches as well as the conditions, substances, or other causes, which give rise to the emission or generation of such odors and stenches.
(e) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(f) Any building, structure or other place or location where any activity, which is in violation of local, state or federal law, is conducted, performed or maintained.
(g) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
(h) The congregation of excess numbers of pigeons, doves, gulls, or waterfowl pose health and safety issues, offends human senses, and may cause adverse environmental effects through bird contamination by excrement, insect infestation, and dropped feathers. Encouragement of pigeon, gull, or geese congregation, lingering, or roosting is declared to be a public nuisance. It shall be unlawful for any person to:
(1) Feed pigeons, doves, gulls, or waterfowl in any manner in the City of Wayne; and/or
(2) Keep, permit or allow conditions to exist by the placement or discard of food, food by-products, vegetables, garbage or animal food of any type for the purpose of encouraging the lingering, roosting, and/or congregating of pigeons, doves, gulls, or waterfowl; and/or
(3) Encourage the lingering, roosting and/or congregating of pigeons, doves, gulls, or waterfowl, by offering or providing food, food by-products, vegetables, garbage or animal food of any type; and/or
(4) Encourage the lingering, roosting, and/or congregating of pigeons, doves, gulls, or waterfowl by offering or providing food; the ground feeding of such pigeons, doves, gulls and waterfowl shall be considered a nuisance per se. This prohibition shall not apply to pigeons and doves kept at all times in cages or pigeon lofts.
(i) The possession of, harboring of, or providing shelter for an excessive number of animals. The term "excessive number" shall be determined on a case-by-case basis. The criteria to be applied in making such determination shall include, but is not limited to, the following:
(1) Failure to remove and/or properly dispose of animal waste;
(2) Foul odors emitted from the dwelling and/or surrounding property due to improper care of animals
(3) Structural damage caused by repeated animal defecation and/or urination (including damage to neighboring structures);
(4) Presence of fleas, ticks, and/or other insects due to improper care of animals;
(5) Poor health of animals due to improper care and/or feeding;
(6) Poor health of humans due to unsanitary conditions caused by improper care of animals;
(7) Failure to prevent and/or clean up defecation and/or urination on any property, public or private; and
(8) Damage to property of others by animals running at large.
(j) No person shall intentionally allow any dog to deposit it's feces on any public land, unless the person in control of the animal immediately removes and disposes of such waste in a proper and sanitary manner.
(Ord. 2004-18. Passed 12-7-04.)