For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTINUING NUISANCE. An uninterrupted or periodically recurring nuisance; not necessarily a constant unceasing injury, but a nuisance which occurs so often incident to the use of property complained of that it can fairly be said to be continuing. Such a nuisance may be of such character that its continuance is necessarily an injury which will continue without change.
PERMANENT NUISANCE. A permanent nuisance is a nuisance of such a character that its continuance is likely an injury which will continue without change, unless Council takes such action to cease any like nuisance from becoming established and reoccurring at the particular location. It is not enough to show a slight interference to the public welfare and such will not be restrained unless the type of business or manner of operation is injurious to the public health, safety and welfare of the community or has tendency to promote unlawful behavior or behavior which is found by the City Administration, including its police, fire, code, health and/or safety officials, to be a menace to public order and safety.
PUBLIC NUISANCE. One which affects an indefinite number of persons, or the residents of a particular locality, or people coming within the extent of its range or operation, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Such public nuisance endangers the health, safety and welfare of the community and/or is dangerous and detrimental to the public health, may violate the laws of the city and/or state or obstructs the community or its citizens or any person who comes within the extent of its range or operations from reasonable and comfortable use of property, whether public or private. A nuisance may arise from the unreasonable, unwarrantable or unlawful behavior associated with the property, either real or personal, which hinders the neighboring community and the general public from enjoying the common and public rights enjoyed by the general community in like areas where no such nuisance exists.
(Ord. 1481, passed 4-10-06)