[R.O. 1992 § 215.010; R.O. of 1942,
§ 251; CC 1970 § 14-1]
No person shall permit, cause, keep,
maintain or do any nuisance, as defined by the laws of this State,
or this Code or other ordinances of the City, or cause or permit to
be committed, caused, kept, maintained or done any such nuisance within
the City.
[R.O. 1992 § 215.020; R.O. of 1942,
§ 252; CC 1970 § 14-2]
A. Nuisances within the City are hereby defined
and declared to be as follows:
1.
Any act done or committed or suffered
to be done or committed by any person, or any substance or thing kept,
maintained, placed or found in or upon any public or private place
which is injurious or dangerous to the public health.
2.
All pursuits followed or acts done
by any person to the hurt, injury, annoyance, inconvenience or damage
to the public.
3.
All buildings, bridges or other structures
of whatever character kept or maintained, or which are permitted by
any person owning or having control of the same to be kept or maintained
in a condition unsafe, dangerous, unhealthy, injurious or annoying
to the public.
4.
All slaughterhouses permitted by
any person owning or having charge of the same to be in such condition
as to become offensive, annoying or injurious to the public.
5.
All ponds or pools of stagnant water,
and all foul or dirty water or liquid when discharged through any
drain, pipe or spout or thrown into or upon any street, alley, thoroughfare
or lot to the injury and annoyance of the public.
6.
All privies or private vaults kept
in such a condition a to emit an offensive, noxious or disagreeable
odor, and substances emitting any offensive, noxious, unhealthy or
disagreeable effluvia in the neighborhood where they exist. All carcasses
of dead animals which the owners or keepers thereof shall permit to
remain within the limits of this City exceeding twenty-four (24) hours
after death.
7.
All obstructions caused or permitted
on any street or sidewalk to the damage or annoyance of the public,
and all stones, dirt, filth, slops, vegetable matter or other articles
thrown or placed by any person in or on any street, alley, sidewalk
or other public place, which in any way may or is liable to cause
any injury or annoyance to the public.
8.
All sidewalks, gutters or curbstones
permitted to remain in an unsafe condition or out of repair by any
person required by this Code or other ordinance of this City to keep
the same in good condition and repair.
9.
All stables, cattle yards, hog, sheep
or cow pens permitted by the person owning or controlling the same
to be in such condition as to become offensive, annoying or injurious
to the public.
10.
Wells, Cisterns, Excavations — Dangerous Or Unhealthy
Conditions.
[R.O. 1992 § 210.480; Ord. No. 5281 § 2, 9-17-1979]
a.
Any open well, cistern or excavation
in which there may be refuse or stagnant water or which may be a hazard
to persons or animals or that may be an attraction and danger to children
is hereby declared to be a nuisance.
b.
It shall be unlawful for any property
owner or the occupant of any property to maintain with the City or
permit to remain upon his/her premises or premises occupied by him/her
any open well, cistern or excavation unless the same is enclosed within
a substantial fence and free of refuse or stagnant water and all covers
over wells, cisterns or excavations shall be of substantial and permanent
construction.
c.
Violation of this Subsection is an
ordinance violation.
[R.O. 1992 § 215.030; R.O. of 1942,
§ 271; CC 1970 § 14-3]
The Chief of Police and Police Officers
of this City are hereby authorized to enter into or upon any premises
within this City where there is reason to suspect the existence of
any nuisance.
[R.O. 1992 § 215.040; R.O. of 1942,
§ 272; CC 1970 § 14-4]
For the purpose of carrying the provisions
of this Chapter into effect, it shall be the duty of the Chief of
Police or any Police Officers of this City to make or cause to be
made, from time to time, and whenever required by the Board of Health
or proper officer of the City, a thorough and systematic examination
of the City, in order that he/she may ascertain the location or whereabouts
of any existing nuisance and the name of any person causing, suffering
or permitting the same to exist.
[R.O. 1992 § 215.050; R.O. of 1942,
§ 273; CC 1970 § 14-5]
Whenever, by examination of the City
as aforesaid, or by any other means, it is ascertained that any of
the nuisances mentioned or contemplated by this Chapter shall exist,
it shall be the duty of the Chief of Police, without delay, to notify
the owner or occupant or agent of the property on which such nuisance
shall exist, to have the same forthwith, removed, and within the time
limited in such notice.
[R.O. 1992 § 215.060; R.O. 1942,
§§ 203, 204; CC 1970 § 14-6]
A. It shall be the duty of the Board of Health,
whenever the Chief of Police has officially notified the Board, or
any complaint has been made to the Board by any citizen that any business,
trade or profession carried on by any person within the City is injurious
or dangerous to the public health, or that any nuisance shall exist
on the property of any person, to notify such person, or his/her agents
or attorneys, to show cause before the Board of Health, at a time
and place to be specified in such notice, why the same should not
be abated, discontinued or removed; except in case of epidemic or
pestilence, when the Board of Health, by general order, may direct
a shorter time. The notice shall not be valid unless served at least
five (5) days before the time fixed for hearing the cause. Notice
shall be served by the Chief of Police or any Police Officer acting
in his/her stead, and he/she shall make return thereon to the Board
of Health, showing in such return the day of the month, the hour and
how and in what manner the notice was served. If such notice cannot
be given for the reason that the owners, agents or other persons named
therein cannot be found in the City, of which fact the return upon
such notice of the officer or person serving the same shall be conclusive
evidence, then the Board of Health shall cause notice to be published
in some local newspaper for at least one (1) insertion. At the time
fixed in the notice, the parties may appear in person or by attorney,
or cause may be shown by affidavit; but if, in the opinion of the
Board of Health, no good and no sufficient cause be shown why the
nuisance, business, trade or profession should not be abated, discontinued
or removed, the Board shall immediately order the parties to abate,
discontinue or remove the same within such time as the Board may deem
reasonable and necessary. If, upon hearing the affidavits and evidence
adduced in the case, the Board shall find the facts to be in favor
of the parties complained against, and so decide, the case shall be
dismissed.
B. Whenever any owner or owners, agent or
agents, occupants or tenants having charge of, doing business in or
occupying any house, store, building or lot of any kind or description,
or having charge or control of or doing business in or upon any lot,
yard or piece of ground within the City shall fail or refuse as aforesaid,
to obey any notice or order of the Chief of Police or Board of Health
requiring any nuisance to be abated or removed either by filling up,
draining, cleaning, purifying, discontinuing or removing the same
then the Board of Health is hereby authorized to require the Chief
of Police to abate or cause such nuisance to be abated, removed or
discontinued.
[R.O. 1992 § 215.070; R.O. 1942,
§ 274; CC 1970 § 14-7]
If upon trial and conviction it shall
appear that the nuisance complained of continues to exist, the Associate
Circuit Judge shall in addition to the penalty imposed make an order
directing the Chief of Police to abate the nuisance forthwith and
report the expense thereof to the Associate Circuit Judge who may
make the same a part of the judgment in addition to the fine imposed,
the same to be collected as other fines and penalties.
[R.O. 1992 § 215.075; Ord. No. 04-9607 § 1, 6-21-2004; Ord.
No. 23-13753, 4-17-2023]
It shall be a violation of this Section for any person to make,
continue or cause to be made or continued any excessive, unnecessary
or unusually loud noise or any noise which either annoys, disturbs,
injures or endangers the comfort, health, peace or safety of others
within the limits of the City.