Chapter 8.04
NUISANCES
Sections:
8.04.010 Garbage and rubbish—Accumulation—When prohibited.
8.04.020 Garbage—Receptacles—Removal.
8.04.030 Garbage—Deposit only in places designated.
8.04.040 Garbage—Allowing to contaminate water.
8.04.050 Garbage—Transportation only in covered receptacles.
8.04.060 Dense smoke.
8.04.070 Soot, cinders, noxious acids, fumes and gases.
8.04.080 Unwholesome wells.
8.04.090 Fecal matter—privies.
8.04.100 Fecal matter—Privies—Place of deposit to be designated.
8.04.110 Urinals—Requirements.
8.04.120 Filthy stables.
8.04.130 Undressed dead animals.
8.04.140 Mad dogs and vicious dogs.
8.04.150 Open excavations, basements and pits.
8.04.160 Noise.
8.04.170 Abatement—Notices—Costs.
8.04.010 Garbage and rubbish—Accumulation—When prohibited.
No person shall permit, suffer to accumulate, in or upon any yard, lot, place or premises, or upon any street or sidewalk adjacent to, or abutting upon any lot, block, place or premises owned or occupied by him for which he may be the agent, within the city limits, any stagnant or impure water, refuse, vegetables, decayed or decaying substances, garbage, swill, offal, fecal matter, urine or filth of any kind nor suffer such yard, lot, place or premises to be or remain in such condition as to cause or create a noisome or offensive smell or atmosphere, or thereby to be, become, cause or create a public nuisance. (Prior code §12-4)
8.04.020 Garbage—Receptacles—Removal.
A. Every person in the possession or occupancy of, either as owner, tenant or otherwise, of any lot, block, place or premises in the city shall, prior to its removal, put, place and keep all garbage, household refuse, slops, swill, dirt, rubbish, offal or filth of any kind other than fecal matter or urine in boxes, cans or receptacles which shall be kept on the premises and the garbage shall not be allowed, suffered or permitted to become strewn or scattered on the premises.
B. The contents of such boxes shall be removed from the lot, yard or premises of the occupant, agent or owner of such lot before they create any noisome smell or become nuisances. (Prior code §12-5)
8.04.030 Garbage—Deposit only in places designated.
No person shall throw into or deposit upon any public street, highway, thoroughfare, public road, lane, alley, public place or grounds within the limits of the city or upon any private premises or anywhere, except the place or places designated by the health officer of the city, any glass, broken ware, offal, fecal matter, garbage, urine, dirt, rubbish or filth of any kind. (Prior code §12-6)
8.04.040 Garbage allowing to contaminate water.
No person shall throw or place anything defiling, or any poisonous substance, decayed animal or vegetable matter or filth into, or cause or allow the same to pass or enter into any creek, well or river water or into any water pipe within the city whereby such water is rendered impure or unwholesome. (Prior code §12-7)
8.04.050 Garbage.
Transportation only in covered receptacles. No person shall carry, remove or transport garbage, offal, dirt, rubbish, fecal matter, urine or filth of any kind, or any animal or vegetable substance in decomposing or offensive condition in any other than covered and enclosed vehicles or in any other than closed boxes, bags, cans or receptacles, through any street, avenue, alley, highway or public place in the city. (Prior code §12-8)
8.04.060 Dense Smoke.
It is unlawful for any person to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringlemann Chart, published by the United States Bureau of Mines. The emission of such smoke is declared to be a public nuisance and may be summarily abated as provided in this chapter. (Prior code §12-9)
8.04.070 Soot, cinders, noxious acids, fumes and gases.
It is unlawful for any person to permit or cause to escape any soot, cinders, noxious acids, fumes or gases in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or the public, or in such a manner as to cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance, and may be summarily abated as provided in this chapter. (Prior code §12-10)
8.04.080 Unwholesome wells.
Any wells used for drinking or cooking purposes which are impure or unwholesome, or which have been rendered impure or unwholesome by reason of any defiling or poisonous substance are declared nuisances injurious to health; and no person or corporation shall maintain or continue such nuisance. (Prior code §12-11)
8.04.090 Fecal matter—Privies.
No person shall maintain any unapproved outdoor privy or other outdoor toilet facility within the city, and such is declared to be a hazard to the good health of the community and a nuisance. All approvals must be by the city council. (Prior code §12-12)
8.04.100 Fecal matter—Privies—Place of deposit to be designated.
It is unlawful for any person or corporation to dump or deposit the contents of any privy or any fecal matter in any place than such as may be designated by the health officer of the city. (Prior code §12-14)
8.04.110 Urinal—Requirements.
All urinals of the city must be so constructed as not to leak and must have a tight vessel or receptacle into which the urine may drain; and no person who is the owner or occupant of, or agent for, any house, store, building or premises in the city to which a urinal belongs or appertains, shall use or keep the same in such condition as to cause a noisome or offensive smell so as to become a nuisance, and every person making or maintaining a urinal shall observe the regulations concerning them. (Prior code §12-15)
8.04.120 Filthy stables.
Filthy and unwholesome stables, sheds, kennels, pens or places cows, horses, mules, dogs or other animals are kept within the city are declared nuisances injurious to health and no person shall create or maintain the same. (Prior code §12-16)
8.04.130 Undressed dead animals.
Undressed dead animals being or laying in the city, namely, any horse, mule or jack, or any cow, goat, calf, sheep, dog or swine, are declared nuisances injurious to health, and any person owning, possessing or controlling such dead animal, or any person who knowingly places such dead animal in any part of the city shall remove the same to the place designated by the health officer. (Prior code §12-17)
8.04.140 Mad dogs and vicious dogs.
A. Vicious or mad dogs, or dogs bitten by hydrophobic dogs are declared nuisances, and no person shall own or keep any mad dog, or dogs bitten by a hydrophobic dog, or allow the same to go upon any street, highway or public place of the city.
B. Every person owning, possessing or having charge of any mad or hydrophobic dog shall kill or cause to be killed, or any officer may kill or cause to be killed any such dog which has gone mad or given symptoms of hydrophobia. No person shall permit, allow or suffer any vicious dog owned or kept by him to go unmuzzled upon any street, alley, highway or public place in the city. (Prior code §12-18)
8.04.150 Open excavations, basements and pits.
A. All open pits, unfilled excavations except gavel pits not in a populated section of the city fully contained within basements with uncovered doorways, window spaces or without sub flooring in the city are declared to be a public nuisance, except that this subsection shall not apply to any of the above conditions where construction of a building is actively underway under a proper building permit and where the construction has not been suspended for more than fifteen days.
B. All owners of land upon which one of the conditions as set forth in subsection A of this section exists shall be required to fill with solid substance or protect from public entrance by enclosing with a protective fence as approved by the fire/building official. (Ord. 81-5 §1 (Attachment A §5-8), 1981)
8.04.160 Noise.
A. Barking Dogs. No person or persons shall allow their dog or dogs to bark, howl or disturb the peace between the hours of 10:00 pm and 6:00 am to the extent that neighbors complain.
B. Loud music or other noise. To provide residents the opportunity to rest at night all music, shouting, construction noise or noise of any activity shall be limited between the hours of 10:00 pm and 6:00 am so as not to disturb the peace and be a cause for complaint.
8.04.170 Abatement—Notices—Costs –Fines.
It is the duty of the mayor or chief of police or member of his staff upon receiving information or obtaining knowledge of the existence of any thing or things declared to be nuisances in this chapter to notify the person committing, creating, keeping or maintaining the same to remove or cause the same to be removed within twenty-four hours, or such other reasonable time s may be determined by the city official after such notice has been duly given; and if the same is not removed by such person within the time prescribed in the notice, it shall be the duty of the city official to remove or cause to be removed such nuisance or nuisances and all costs and expenses of such removal shall be paid by the persons committing, creating, keeping or maintaining such nuisance or nuisances. A person violating the provisions of this chapter may be punished by a fine of not more than 200 hundred dollars. (Prior code §12-20)