§ 13-2. Illustrative enumeration.

(a)

The following are nuisances affecting health, safety, comfort or repose:

(1)

Accumulations of manure, animal feces, refuse, garbage, tin cans, bottles, junk, debris or other waste which are kept so as to result in offensive odors or unsightly conditions to the discomfort and annoyance of adjacent property owners or the public;

(2)

Garbage cans and privy vaults which are not fly-tight;

(3)

Dumping the contents of any cesspool, septic tank, privy vault or garbage can except at places authorized by law;

(4)

All noxious weeds, tall grasses, and other rank growths;

(5)

The throwing, dumping or depositing of any dead animals, manure, garbage, waste, decaying matter, ground, sand, stones, ashes, rubbish, tin cans, paper, or other material of any kind on private or public property;

(6)

Dense smoke, noxious or offensive fumes or odors, gas, soot, or cinders in unreasonable quantities;

(7)

Offensive trade and business as defined by statute or ordinance not licensed as provided by law;

(8)

All public exposure of persons having a contagious disease;

(9)

The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person;

(10)

All decayed, unwholesome, or contaminated food offered for sale to the public;

(11)

Carcasses of animals not buried or destroyed within 24 hours after death;

(12)

The keeping of horses, cattle, swine, sheep, goats, rabbits, dogs, or other animals or fowl so as to result in offense odors or disagreeable noises to the discomfort of adjacent property owners, and allowing any animal or fowl to run at large; "at large" means off the premises of the owner and not under restraint, and "owner" means any person who shall own, harbor, keep or have custody of an animal, or the parents or guardians of a person under 18 years of age who shall own, harbor, keep or have custody of an animal.

Cross reference— Other animal nuisances, § 5-20.

(13)

Placing paper, litter or debris on public or private property, or throwing paper, litter or debris from motor vehicles;

(14)

Causing or permitting any unnecessary noises or annoying vibrations.

(15)

The pollution of any public well, stream, river, lake, wetland, storm sewer or body of water by chemical, organic, industrial, agricultural, commercial, residential, sewage, yard, construction and animal wastes.

(16)

Breeding sites of the Aedes Triseriatus (tree hole mosquito) including but not limited to: the basal holes of hardwood trees, unused tires (not mounted on wheels), pots, pans, cans, pails, bottles and other containers left outdoors in which water or debris may accumulate;

(17)

All other acts, omissions, occupations and uses of property which are a menace to the health of the inhabitants of the city or a considerable number thereof.

(b)

The following are nuisances affecting public morals and decency:

(1)

Any vehicle used for the illegal transportation of intoxicating liquor;

(c)

The following are nuisances affecting public peace and safety;

(1)

Reserved;

(2)

All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half of their original value, or which are in such a hazardous condition or so situated as to endanger the safety of the public;

(3)

All explosives, inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than that provided by law or ordinance;

(4)

All use, possession or display of fireworks except as provided by law or ordinance;

(5)

All buildings and structures, and all alterations thereof made, erected or altered in violation of ordinances concerning the manner of construction and the materials used therein;

(6)

Obstructions and excavations affecting the use of public streets, alleys, sidewalks or public grounds, except under such conditions as are provided by ordinance; and any other excavation left unprotected, uncovered or allowed to exist in such manner as to attract children or to constitute a hazard to the public;

(7)

The piling, storing or keeping of old machinery, wrecked or junked vehicles, or other junk or debris upon open spaces; "junked vehicle" means a vehicle that is not registered and which does not possess a current state automobile license, but the license is not to be the sole factor determining the status of the vehicle;

(8)

Obstructing traffic and the free use of public streets or sidewalks;

(9)

All hanging signs, awnings and other similar structures over public streets or sidewalks, or so situated as to endanger public safety, not constructed and maintained as provided by law or ordinance, or without proper permit;

(10)

Permitting rain, water, ice or snow to fall from any building on any public street or sidewalk or to flow across any public sidewalk;

(11)

All dangerous unguarded machinery, equipment or other property in any public place, or so situated or operated on private property as to attract minor children;

(12)

Placing entrance culverts, or doing any act which may alter or affect the drainage of public streets or alleys or the surface or grade of public streets, alleys or sidewalks without proper permit;

(13)

Making repairs to motor vehicles, or tires in public streets or alleys, excepting only emergency repairs which will not unduly impede or interfere with traffic;

(14)

Throwing, placing, depositing, or burning leaves, trash, lawn clippings, weeds, grass, or other material in the streets, alleys or gutters;

(15)

Erecting, painting or placing of unauthorized traffic signs or advertising signs in streets, or alleys or on sidewalks;

(16)

All trees, hedges, billboards or other obstructions which prevent a clear view of traffic approaching an intersection in sufficient time to bring a motor vehicle driven at a reasonable speed to a stop before the intersection is reached;

(17)

Any dog which shall kill, wound or harass any other domestic animal;

(18)

Any dog which habitually barks in such manner as to disturb the peace;

(19)

Any dog which harasses, chases or molests horses, motor vehicles or persons;

(20)

To leave any unused ice box, refrigerator, cooler or other box with a door thereon which will exclude air when shut;

(21)

All other conditions, acts, or things which are liable to cause injury to the person or property.

(22)

Reserved.

(23)

Reserved.

(24)

Nuisance light on residential properties.

a.

Definitions. In this section:

(i)

Direct glare means an excessive brightness contrast producing a sensation of visual discomfort resulting from insufficiently shielded light source in the field of view.

(ii)

Intermittent light means any artificial light which flashes, revolves or fluctuates in such a manner that the variance is easily distinguished by personal observation.

(iii)

Light source means a device (such as a lamp) which provides visible energy.

(iv)

Light trespass means light emitted that is visible beyond the boundaries of the property on which the light source is located.

(v)

Person means an individual, firm, partnership, trustee, agent, association, corporation, company, governmental agency, club or organization of any kind.

b.

Direct glare and light trespass declared a nuisance. Glare, light trespass and intermittent artificial light impacting on residential properties between the hours of 11:00 p.m. and 7:00 a.m., which cause loss of enjoyment, comfort or repose, and use of such properties as determined under subsection 13-2(24)c. of this section is declared a nuisance.

c.

Nuisance determined.

(i)

Light trespass shall be considered a nuisance when light produces two-tenths horizontal foot candles or more at approximately four feet from the ground or floor surface on other residential property at the property line.

(ii)

Direct glare shall be considered a nuisance when an artificial light source has not been properly located, shielded, directed or controlled, and as a result there is a direct line of sight between the light source or its reflection and a point five feet above the ground or higher at the property line of other residential property if such intensity causes discomfort or annoyance.

(iii)

Intermittent light shall be considered a nuisance when it impacts upon a habitable area of other residential property with such intensity and variance as to cause discomfort or annoyance.

d.

Production of light nuisance prohibited. No artificial light source shall be installed, allowed to be installed or permitted on any property which light sources is an intermittent light source, or due to its intensity or physical characteristics, causes direct glare or trespasses onto a residential property in such a manner as to cause a nuisance during the hours of 11:00 p.m. through 7:00 a.m.

e.

Responsibility. It shall be the responsibility of every installer of artificial lights and every owner or occupant of property on which artificial lights are installed to comply with subsection 13-2(24)d. of this section.

f.

Exemptions. The provisions of subsections 13-2(24)d. and e. of this section shall not apply where:

(i)

Such lights are caused to be installed by the federal, state or local government or agency, to light public ways or areas for public benefit; or

(ii)

Such lights are required by law for safety reasons and there is no practical way to control them to eliminate the nuisance.

(Ord. No. 22, §§ 2—5, 2-5-68; Ord. No. 22A, § 1, 10-8-79; Ord. No. 22B, §§ 1, 2, 4-15-85; Ord. No. 159, § 1, 2, 11-18-91; Ord. No. 298, § 2, 2-14-00; Ord. No. 308, § 1, 7-24-00; Ord. No. 324, § 7, 7-9-01; Ord. No. 373, §§ 1—4, 4-12-04; Ord. No. 442, § 1, 2-12-07)