Chapter 8.24
NUISANCES

Sections:

8.24.010  Filth, garbage, rubbish and refuse in public places.

8.24.020  Filth, garbage, rubbish and refuse on private premises.

8.24.025  Graffiti removal.

8.24.030  Waste disposal facilities with emissions.

8.24.040  Carcasses.

8.24.050  Businesses emitting odors, gas or effluvium.

8.24.060  Stagnant water.

8.24.070  Excavations.

8.24.080  Obstructions of public ways or improvements.

8.24.090  Water running across public ways.

8.24.100  Growing things on sidewalks.

8.24.110  Annoying, offensive or injurious things.

8.24.120  Opium dens.

8.24.130  Roof drains.

8.24.140  Washing vehicles or animals on sidewalks.

8.24.150  Matter exhaling fetid odor or noxious stench.

8.24.160  Privy maintenance.

8.24.170  Livestock stables and pens.

8.24.180  Manure or fertilizer deposits on streets.

8.24.190  Failure to abate.

8.24.200  Duty to order abatement.

8.24.210  Abatement by city.

8.24.220  Violation--Penalty.

8.24.010 Filth, garbage, rubbish and refuse in public places.

All filth, garbage, rubbish or refuse of any kind thrown or being in or on any part of any cistern, street, alley, public square or gutter, or in or upon any place accustomed to be traveled by the public though not a public highway is a nuisance. (Ord. 12 §1(1), 1912)

8.24.020 Filth, garbage, rubbish and refuse on private premises.

All filth, garbage, rubbish or refuse of any kind thrown or being on any private premises, when the same emits any noxious odor or is in any other way prejudicial to the public health, is a nuisance. (Ord. 12 §1(2), 1912)

8.24.025 Graffiti Removal.

Property owners are required to remove any form of graffiti from their premises within three days of notification by the city.

Graffiti allowed to remain on private property within the city longer than three days from the date of notice shall be subject to removal by the city pursuant to Section 8.24.210 of this chapter. (Ord. 408, 2004)

8.24.030 Waste disposal facilities with emissions.

Every privy, cesspool, sink, sewer, gutter or drain emitting a noxious odor, gas or effluvium prejudicial to the public health, or in any such condition by reason of defective construction or venting or repair as to be liable to emit such odor, gas or effluvium, is a nuisance. (Ord. 12 §1(3), 1912)

8.24.040 Carcasses.

Every carcass of any dead animal, except such as are killed and kept for food, is a nuisance. (Ord. 12 §4, 1912)

8.24.050 Businesses emitting odors, gas or effluvium.

Every business, trade, occupation or act by which any odor, gas or effluvium is created, annoying to the public or directly prejudicial to the public health, is a nuisance. (Ord. 12 §1(5), 1912)

8.24.060 Stagnant water.

All pools of stagnant water are nuisances. (Ord. 12 §1(6), 1912)

8.24.070 Excavations.

Any cesspool or other excavation in any street or alley whether covered over or otherwise, and every excavation on private property which is not enclosed by a substantial fence, except such as are expressly allowed by license granted by the city council, is a nuisance. (Ord. 12 §1(7), 1912)

8.24.080 Obstructions of public ways or improvements.

Every obstruction in any part of any street, alley, sidewalk, gutter or cistern, or in any place though not on a public highway, through or over which the public travels, and everything in such highway or place likely to render travel over the same dangerous, is a nuisance; provided, that nothing in this section shall prohibit the display of such goods, wares and merchandise on sidewalks, within the space of one and one-half feet from the line of the buildings, as shall be removed inside the building at nine p.m. of each day. (Ord. 12 §1(8), 1912)

8.24.090 Water running across public ways.

All water which is caused or suffered to run across or upon any sidewalk, street or alley in such a manner as to cause inconvenience to persons traveling on the same is a nuisance. (Ord. 12 §1(9), 1912)

8.24.100 Growing things on sidewalks.

All dry grass, weeds or rubbish or things standing or growing on sidewalks in the city are nuisances. (Ord. 12 §1(10), 1912)

8.24.110 Annoying, offensive or injurious things.

Every act or thing which necessarily and naturally produces annoyance, offense or injury to the public is a nuisance. (Ord. 12 §1(11), 1912)

8.24.120 Opium dens.

Every house, room or place, except licensed drugstores, where opium, or any preparation or compound thereof, is vended, distributed or given away, and every house, room or place where opium, or any preparation or compound thereof is permitted to be smoked or otherwise consumed, for hire, reward, or without reward, is a nuisance. (Ord. 12 §1(12), 1912)

8.24.130 Roof drains.

All pipes conducting water from the roofs of buildings shall be brought down to the level of the pavement and empty into a conductor in the most direct manner possible, so as to carry off the water into the gutter. Any such pipes not complying with this section are a nuisance. (Ord. 12 §1(13), 1912)

8.24.140 Washing vehicles or animals on sidewalks.

No person or persons shall wash any coach, wagon, carriage or other vehicle, or any horse, mule or other animal, upon any sidewalk or crosswalk in the city. To do so is a nuisance. (Ord. 12 §1(14), 1912)

8.24.150 Matter exhaling fetid odor or noxious stench.

All persons are forbidden to throw, empty out or deposit in any street, alley or public place, yard, lot, ground, in any gutter, ditch or basin, or on the banks of the creek, or near any inhabited place, any feculent matter or dirt, rubbish, filth, foul or corrupt matter, distilled, fermented or other liquors exhaling fetid odors or noxious stench. To do so is a nuisance. (Ord. 12 §1(15), 1912)

8.24.160 Privy maintenance.

All tenants, owners or keepers of any premises upon which is located a privy shall keep the same or cause the same to be kept in a clean manner, so that the same shall not exhale offensive odors or stench. Failure to so maintain a privy is a nuisance. (Ord. 12 §1(16), 1912)

8.24.170 Livestock stables and pens.

All persons who keep any horse or horses, cattle, goats, sheep, swine or fowl in the city shall keep and maintain the building, stable, pen or other place in which they may be kept in such a clean condition, and dispose of the manure in such a manner, that the neighbors or persons passing on the street shall not be incommoded from the smell or disturbed by the noise thereof. Failure to so keep or maintain such places is a nuisance. (Ord. 391, 2002: Ord. 12 §1(17), 1912)

8.24.180 Manure or fertilizer deposits on streets.

No person or persons shall place upon any street or alley or other public place in the city any manure or fertilizer or refuse matter of any kind. To do so is a nuisance. (Ord. 12 §1(18), 1912)

8.24.190 Failure to abate.

Any person found guilty of committing, maintaining or permitting any nuisance who, after conviction thereof, fails or refuses to immediately abate such nuisance, or to immediately commence such abatement, and diligently prosecute the same to completion, is guilty of a misdemeanor. (Ord. 12 §2, 1912)

8.24.200 Duty to order abatement.

In every prosecution under the provisions of this chapter it shall be the duty of the recorder to order the nuisance to be abated, if the nuisance has not already been abated. (Ord. 12 §3, 1912)

8.24.210 Abatement by city.

Every nuisance, declared to be such by any ordinance, is a public nuisance, and shall be abated by the chief of police or his deputy at the expense of the person committing, maintaining or permitting it, and such expense may be recovered by civil suit, in the name of the city of Angels, unless such nuisance is immediately abated by the person committing, causing, maintaining or permitting the same. (Ord. 12 §4, 1912)

8.24.220 Violation--Penalty.

Any person who violates any of the provisions of this chapter shall be punished by a fine not exceeding three hundred dollars or by imprisonment in the County Jail of Calaveras County not exceeding three months, or by both such fine and imprisonment. (Ord. 12 §5, 1912)