A. What Constitutes Nuisances Generally; Definitions:
1. It shall constitute a nuisance to commit any offense which is in fact a nuisance or which is a nuisance according to the common law, or which is made such by this code, the statutes of the state or by any ordinance of the village.
2. The term "public nuisance affecting health" shall mean a nuisance which is a thing, act, occupation or use of property, premises, equipment or structure affecting the health of five (5) or more people, or the public, and shall include:
a. Any nuisance specifically declared to be such by any section of this code or other ordinance of the village.
b. Any act, omission of an act, occupation and use of property, equipment or structure which is deemed by the department of public health to be a menace to health of the inhabitants of the village or any considerable number thereof.
3. The term "public nuisance" shall mean a thing, act, occupation or use of property or premises or equipment, or structure of any kind which:
a. Shall annoy, injure or endanger the safety, health, comfort or repose of the public.
b. Shall offend public decency.
c. Shall unlawfully interfere with, obstruct or tend to obstruct or render dangerous for passage, a public park, square, street, alley or highway.
d. Shall in any way render the public insecure in life or in use of property. (1970 Code §28.1)
B. Schedule Of Health Nuisances Generally:
1. The following are hereby declared to be nuisances affecting health as well as and in addition to any other act, omission of act, occupation or use of property or premises, equipment or structure deemed to be a menace to the health of inhabitants of the village as declared in any other section of this code:
a. All diseased animals running at large.
b. To obstruct any ravine or gutter, so as to cause water to stagnate therein, or to permit foul or stagnant water to stand upon any premises to the prejudice of others.
c. Carcasses of animals, or any part thereof, not buried or destroyed within twenty four (24) hours after death.
d. To cause or suffer any animal or vegetable matter, slops, swill, suds, garbage, filth, stable drippings or offal or noisome substance of any kind to be collected, deposited or remain in any place in the village to the prejudice of others.
e. To establish, maintain and carry on any offensive or unwholesome business within the village.
f. The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person.
g. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half (1/2) their original value, and which are so situated as to endanger the safety of the public.
h. All dangerous or insanitary, unguarded, unprotected machinery or equipment in any public place, or situated or operated on private property. (1970 Code §28.6)
i. All infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, bedbugs, and mosquito larvae. (Ord. 2015-34, 9-1-2015)
j. To corrupt or render unwholesome or impure drinking water to the injury or prejudice of others.
k. To permit the growth upon any premises of any noxious plants to the injury or prejudice of others.
l. To permit or cause loose earth, ashes, lime, coal, dry sand or other similar substances to be used on any property to the injury or prejudice of others.
m. To shake or beat out of any window, door or opening of any building any mops, mat, carpet, rug, cloth, pillow, bed sheet, bedding or other similar object, into any public way or into any place or building. No usual or reasonable precaution shall be omitted by any person to prevent fragments or other substances from falling, or dust and light material from flying into any public way or into any place or building.
n. To construct or maintain any building or structure which is in an insanitary, unsafe or dangerous condition, or to maintain or permit any building or part thereof to be or remain in an insanitary condition by reason of the basement or cellar being damp or wet or the floor of such basement or cellar being covered with stagnant water, or by reason of the presence of sewer gas, or which by reason of any other insanitary, unsafe or dangerous condition endangers the health or safety of any person.
2. The declaration of the above nuisances shall not be construed to limit the power of the Department of Public Health to review any specific condition believed to be a nuisance by the Health Officer and after each review to declare such condition a nuisance whenever the facts presented by the Health Officer are conclusive that a nuisance within the meaning as defined in this chapter has been or is being committed. (1970 Code §28.6)