(A) Generally. A public nuisance is a thing, act, occupation, condition, or use of property which shall continue for such length of time as to:
(1) Substantially annoy, injure, or endanger the comfort, health, repose, or safety of the public;
(2) In any way render the public insecure in life or in the use of property;
(3) Greatly offend the public morals or decency; or
(4) Unlawfully and substantially interfere with, obstruct, or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water, or other public way.
(B) Public nuisances affecting health. The following acts, omissions, places, conditions, and things are hereby specifically declared to be public health nuisances but shall not be construed to exclude other health nuisances coming within the definition of division (A) above:
(1) All decayed, harmfully adulterated, or unwholesome food or drink sold or offered for sale to the public;
(2) Carcasses of animals, birds, or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death;
(3) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, abandoned vehicles or machinery, scrap metal, or any material in which flies, mosquitoes, disease-carrying insects, rats, or other vermin may breed; or which may constitute 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 town 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, lake, canal, or body of water by sewage, creamery, or industrial wastes or other substances;
(8) Any use of property, substances, or things within the town emitting or causing any 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 town;
(9) Any barn, stable yard, shed, pen, or other place where animals or fowl are kept which is not maintained in a clean condition; or any animals or fowl which because of disease, unsanitary conditions, odor, or noise discomfort or injure the health or well-being of residents of the town;
(10) All abandoned wells not securely covered or secured from public use; any obstruction to watercourses, drainage ditches, or ravines;
(11) All noxious weeds as defined by the laws of the state or ordinances of the town;
(12) Building materials not being used for immediate construction shall be stored in an enclosed accessory or other structure;
(13) Tarping shall not constitute a storage structure for the purposes of this section and the use of tarping for such purposes is to be prohibited; or
(14) Upholstered furniture constructed for interior use, carpeting, mattresses, box springs, clothing, and any such fabric items shall be stored in residential dwellings or accessory structures designed for such purposes and shall not be stored or placed on the exterior of a structure. Structures intended for such storage shall be constructed so as to be secure from the elements and rodent infestation.
(C) Public nuisances affecting peace and safety. The following acts, omissions, places, conditions, and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of division (A) above:
(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 use or display of fireworks, except as provided by the laws of the state and ordinances of the town;
(3) All buildings or structures so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use;
(4) All wires over streets, alleys, or public grounds which are strung less than 15 feet above the surface of the street or ground;
(5) All loud and discordant noises or vibrations of any kind;
(6) All debris or foreign matter or excess water in, and all obstructions of, streets, alleys, sidewalks, or crosswalks, and all excavations in or under the same, except as permitted by the ordinances of the town or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished;
(7) All open and unguarded pits, wells, excavations, or unused basements freely accessible from any public street, alley, or sidewalk;
(8) All abandoned refrigerators or iceboxes 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 with the strength of a small child;
(9) Any structure, material, or condition which constitutes a fire hazard or will impair extinguishing a fire;
(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 parcel of property containing a dwelling with a lawn or weeds in excess of ten inches in height; or
(12) Any nuisance described in the laws of the state or ordinances of the town.
(D) Storing, parking, or leaving abandoned, dismantled, or other such motor vehicle prohibited. No person shall park, store, leave, or permit the parking, storing, or leaving of any motor vehicle of any kind which is unlicensed, abandoned, wrecked, dismantled, inoperative, rusted, junked, or partially dismantled whether attended or not, upon any public or private property within the town for a period in excess of ten days.
(1) The presence of such vehicles or parts thereof on private or public property shall be declared a public nuisance.
(2) This division (D)(2) shall not apply to any vehicle properly enclosed within a building on private property.
(Ord. 19-005, passed 9-23-2019) Penalty, see § 10.99