§ 23-1. Certain acts constituting nuisances.

The following shall constitute nuisances when allowed, maintained or suffered to exist within the city and for a distance of five thousand (5,000) feet from such corporate limits. The person guilty of causing or permitting a nuisance to exist shall be fined as provided in this Code.

(a)

Whatever is dangerous to human life or health; whatever renders the ground, the water, the air or any food or drink unwholesome and a hazard to human life and health.

(b)

Any building, erection or cellar or any part of such building or erection or cellar which is overcrowded, or not provided with adequate means of ingress or egress or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted.

(c)

All cellars, vaults, drains, pools, privies, sewers, yards, ground or premises which have for any cause become foul, nauseous or offensive or injurious to the health, or unpleasant to adjacent residences or to persons passing such premises.

(d)

All carcasses, all decaying flesh, fish, fowl, fruit or vegetables, all deposits of manure, all flesh of any kind or description whatever, all other unwholesome substances when thrown upon or conducted into or upon any street, alley, public ground or enclosure in such manner as to render such substances unwholesome and offensive or liable to become unwholesome or offensive.

(e)

All privies that are offensive from use; all markets, cellars, laundries, stores or other buildings or places which are not kept clean and free from filthy and unwholesome substances and odors; all deposits or substances that are offensive or liable to engender disease.

(f)

Every trade, business or occupation injurious to the health or comfort of persons who reside in the vicinity, and any can or receptacle containing water or slops suffered to become stagnant or offensive or unwholesome from any cause.

(g)

The act of depositing filth or any foul, offensive, nauseous or injurious substance upon any sidewalk, street, alley, public thoroughfare or other public place.

(h)

The act of sweeping or depositing any trash, paper or rubbish into any street, alley, public thoroughfare or other public place and allowing the same to remain in such place longer than twenty-four (24) hours.

(i)

The act of burning any hair, leather, rags or any other substance of any kind which may cause or produce an offensive smell, smoke or odor capable of annoying persons living in the vicinity.

(j)

The act of defecating or urinating upon the streets, alleys or public grounds, or in any place that may be seen from a private residence or by persons passing along the streets, alleys or public thoroughfares.

(k)

The act of keeping, raising, possessing or having in or about the premises, except within enclosures, any pigeons with intent to keep, raise or breed same.

(l)

The act of hauling, carrying or transporting any meat or slaughtered or dead animals or fish for commercial use through the streets of the city without having the same entirely covered, screened and protected from dust and public view.

(m)

The act of scattering any advertisements, circulars, handbills, printed or written announcements or paper of like character upon the streets, sidewalks, alleys or within the public buildings or grounds within the city.

(n)

The act of the owner or possessor of any animal which may die in failing to have the carcass of the same properly disposed of by burial or cremation within twelve (12) hours after death of the animal.

(o)

The act of throwing from any opening in, or carrying from, any dwelling or place of abode, any night soil, feces, urine or filthy or unclean water into or upon any alley, street or sidewalk or into or upon any adjacent property not owned by the principal.

(p)

The act of conducting or causing to be conducted into any alley or gutter of waste water from any sink or tank or any source of water supply which may produce any pool of stagnant water in the alley or gutter.

(q)

The act of dumping upon and removing from any sidewalk, street or alley any coal or like material in a dry state, in such matter that annoying or offensive dust is generated from such material, or the act of leaving coal dust or like material upon any sidewalk, street or alley at or near the place where such coal or material was deposited or from which it was removed.

(r)

Any article or substance placed upon any street, sidewalk, alley, gutter, drain or public ground except such articles as are permitted by this Code or other ordinances of this city, in such manner as to obstruct such passageway.

(s)

The act of throwing any glass, tin, queen's ware, crockery or other rubbish into or upon the sidewalks, streets, alleys, public thoroughfares, common drains or gutter.

(t)

The act of keeping, feeding, raising or breeding of hogs, with the exception of potbellied pigs as defined by section 6-12 of the Code of Civil and Criminal Ordinances.

(u)

The act of allowing any privy to become dilapidated or out of repair so that any person within, or the contents thereof may be exposed to view; the act of constructing or keeping on the premises any privy, the contents whereof are exposed to view, or can be seen from the street or public places; the act of discharging or causing to be discharged into any street, alley, public thoroughfare or other public places or upon premises belonging to any other person the contents of such privy.

(v)

Any nauseous, foul or putrid liquids or substances likely to be nauseous, foul, offensive or putrid, discharged, placed, thrown or conducted into or upon any street, alley, public ground or common.

(w)

The act of wrongfully casting, throwing or depositing any filth, substance or thing into any private or public well or cistern.

(x)

The act of erecting or maintaining buildings or structures with roofs or eaves projecting beyond the property line or shedding water upon any property other than that belonging to the owner of such erection or building.

(y)

The building or any house, factory building, garage, barn or other structure within five thousand (5,000) feet of the city without first obtaining from the city a permit such as is required by this Code or other ordinances of the city to be obtained prior to the commencement of building a house, factory building, garage, barn or other structure within the city.

(Ord. No. 537, § 1; Ord. No. 6042, § 1, 11-14-91; Ord. No. 2018-10114, § 6, 9-20-18 )