It is hereby declared to be a nuisance and to be against the
health, peace and comfort of the City for any person within the limits
of the City to permit the following, but the enumeration of the following
nuisances shall not be deemed to be exclusive:
A. Filth. To cause or suffer the carcass of any animal or any offal,
filth or noisome substance to be collected, deposited or to remain
in any place to the prejudice of others.
B. Deposit of offensive materials. To throw or deposit any offal or
other offensive matter, or the carcass of any dead animal in any watercourse,
lake, pond, spring, well or common sewer, street or public highway.
C. Corruption of water. To corrupt or render unwholesome or impure the
water of any spring, river, stream, pond or lake to the injury or
prejudice of others.
D. Highway encroachment. To obstruct or encroach upon public highways,
private ways, streets, alleys, commons, landing places and ways to
burying places.
E. Manufacturing gunpowder. To carry on the business of manufacturing
gunpowder, nitroglycerine or other highly explosive substances, or
mixing or grinding the materials therefor in any building within 500
feet of any valuable building erected at the time such business may
be commenced.
F. Powder magazines. To establish powder magazines near incorporated
towns at a point different from that appointed according to law by
the corporate authorities of the town, or within 1,000 feet of any
occupied dwelling house.
G. Noxious odors. To erect, continue or use any building or other place
for the exercise of any trade, employment or manufacture which, by
occasioning noxious exhalations, offensive smells or otherwise, is
offensive or dangerous to the health of individuals or of the public.
H. Unlawful advertising. To advertise wares or occupations by painting
notices of the same on or affixing them to fences or other private
property, or on rocks or other natural objects without the consent
of the owner, or if in the highway or other public place, without
permission of the proper authorities.
I. Wells unplugged. To permit any well drilled for oil, gas, salt water
disposal or any other purpose in connection with the production of
oil and gas to remain unplugged after such well is no longer used
for the purpose for which it was drilled.
J. Burn-out pits. To construct or operate any salt water pit or oil
field refuse pit, commonly called a "burn-out pit," so that salt water,
brine or oil field refuse or other waste liquids may escape therefrom
in any manner, except by the evaporation of such salt water or brine
or by the burning of such oil field waste or refuse.
K. Discarded materials. To permit concrete bases, discarded machinery
and materials to remain around any oil or gas well or to fail to fill
any holes, cellars, slush pits and other excavations made in connection
with any such well or to restore the surface of the lands surrounding
any such well to its condition before the drilling of any such well,
upon abandonment of any such oil or gas well.
L. Underground wells. To permit any salt water, oil, gas or other wastes
from any well drilled for oil, gas or exploratory purposes to escape
to the surface, or into a mine or coal seam or into any underground
freshwater supply or from one underground stratum to another.
M. Harassment. To harass, intimidate or threaten any person who is about
to sell or lease or has sold or leased a residence or other real property,
or is about to buy or lease or has bought or leased a residence or
other real property when the harassment, intimidation or threat relates
to a person's attempt to sell, buy or lease a residence, or other
real property, or refers to a person's sale, purchase or lease of
a residence or other real property.
N. Business. To establish, maintain and carry on any offensive or unwholesome
business within the limits of the City or within 1Â 1/2 miles
of the limits.
O. Filthy premises conditions. To keep or suffer to be kept any chicken
coop, cow barn, stable, cellar, vault, drain, privy, sewer or sink
upon any premises belonging to or occupied by any person, or any railroad
car, building, yard, grounds and premises belonging to or occupied
by any person.
P. Expectorate. To expectorate on any public sidewalk or street, or
other public building or floor or walk of any public vehicle or hall.
Q. Litter on streets. To deposit or allow trash, paper, cardboard, wire,
dirt, rock, stone, glass, brick, lumber, wood or litter of material
objects of any size or description to fall upon the streets of the
City from any moving vehicle, or to be thrown from a moving vehicle,
or to throw from a moving vehicle and to remain thereon.
R. Accumulations of junk and trash. To deposit or pile up any rags,
old rope, paper, iron, brass, copper, tin, aluminum, ashes, garbage,
refuse, plastic, brush, litter, weeds, slush, lead, glass bottles
or broken glass upon any lot, piece or parcel of land or upon any
public or private alley, street or public way within the City.
S. Rodents. To cause or permit any condition or situation to exist that
shall attract, harbor or encourage the infestation of rodents.
T. Bringing nuisances into the City. To bring into the City or keep
therein for sale or otherwise, either for food or for any other purpose,
any dead or live animal or any matter, substance or thing which shall
be a nuisance or which shall occasion a nuisance in the City or which
may or shall be dangerous or detrimental to health.
U. Offensive liquids. To keep any nauseous, foul or putrid liquid or
substance or any liquid or substance likely to become nauseous, foul,
offensive or putrid, or permit any such liquid to be discharged, placed,
thrown or to flow from or out of any premises into or upon any adjacent
premises or any public street or alley, or to permit the same to be
done by any person connected with the premises.
V. Generally. To commit any offense which is a nuisance according to
the common law of the land or made such by statute of the state.
W. Storm damage
debris. To allow storm damage debris of any kind to collect and/or
remain upon a property for a period more than 30 days.
[Added 11-1-2021 by Ord. No. 2021/11/01-1]
No building, vehicle, structure, receptacle, yard, lot, premises
or part thereof shall be made, used, kept, maintained or operated
in the City if such use, keeping or maintenance of same shall be dangerous
to health.
It shall be the duty of the Chief of Police to serve notice
in writing upon the owner, occupant, agent or person in possession
or control of any lot, building or premises in or upon which any nuisance
may be found, or who may be the owner or the cause of any such nuisance,
requiring him to abate the same within five days in such a manner
as the Chief of Police shall prescribe. It shall not be necessary
in any case for the Chief of Police to specify in the notice the manner
in which any nuisance shall be abated, unless he shall deem it advisable
to do so.
It shall be the duty of the Chief of Police to proceed at once
upon the expiration of the time specified in the notice to cause such
nuisance to be abated; provided, however, that whenever the owner,
occupant, agent or person in possession or control of any premises
in or upon which any nuisance may be found is unknown or cannot be
found, the Chief of Police shall proceed to abate such nuisance without
notice. In either case, the expense of such abatement shall be paid
by the person who may have created or suffered such nuisance to exist,
in addition to any penalty or fine.
If the person notified to abate a nuisance shall neglect or
refuse to comply with the requirements of such notice by abating such
nuisance within the time specified, such person shall be guilty of
a violation of this chapter. The corporate authorities shall not be
required to issue another notice where the condition or violation
is at first abated, but later resumed and/or repeated.