Anderson 

Chapter 6.04

NUISANCES GENERALLY

Sections:

6.04.010          Nuisances declared unlawful.

6.04.020          Enumeration of nuisances

6.04.010    Nuisances declared unlawful. 

A.  Public Nuisances.  Public nuisances include, but are not limited to, whatever is forbidden by any provisions of this chapter.

B.  Violations.  It is unlawful for any person to commit, create, or maintain any public nuisance.  (Prior Code AO 11.12.010)

6.04.020     Enumeration of nuisances.  Each of the following acts or conditions constitutes a public nuisance:

A.       Maintaining stables, kennels, or livestock pens in a filthy or malodorous condition;

B.        Making or causing to be made any unnecessary or unusual noise which annoys, injures, or endangers the comfort, repose, health and safety of the public; making or causing any such noise within one hundred fifty feet of any hospital or other institution reserved for the sick;

C.        Using, playing or practicing upon any bugle, hand organ, barrel organ, barrel accordion, hurdy-gurdy, or other musical instrument upon any street, alley or public place without a written permit from the police chief;

D.       Using, for the purpose of attracting the attention of the public, any radio, recording music or sound amplifying device of any kind, the sound from which is cast directly upon a street, alley or public place.  This subsection shall not apply to devices officially used by governmental units.  The mayor or city administrator shall have the authority, upon written application to him, to permit the broadcast by use of sound amplifying devices;

E.        Operating or using any pile driver, power shovel, pneumatic hammer or other apparatus, the use of which is attended by loud or unusual noise, between the hours of ten p.m. and seven a.m., except by written permission of the mayor or city administrator;

F.         Operating any noise-creating blower or power fan, or any internal combustion engine, the operation of which causes noise due to explosion of operating gases or fluids, unless the noise made thereby is so muffled as not to cause annoyances to the public;

G.       Disposing of any refuse, garbage, manure, waste or other materials except in the manner provided by the ordinances of the city;

H.       Dumping, abandoning, throwing, scattering, or transporting anything in such a manner as to cause the littering of any street, alley or public place, or the obstruction of any ditch, drain or gutter;

I.          Knowingly or wantonly operating or causing to be operated any machine, device, apparatus or appliance of any kind within the corporate limits of the city between the hours of ten a.m. and midnight, the operation of which causes reasonably preventable electrical interference in the operation of any radio or television receiving set or with radio or television reception within the city.  Provided, the x-ray machines or apparatus used therefore are properly equipped to avoid all unnecessary or reasonably preventable interference with radio and television reception, and are not negligently operated;

J.          Any well, swimming pool, or other dangerous excavation (including, but not limited to, a gravel pit) in the earth, kept, maintained or permitted in an uncovered, unprotected,, unfenced or inadequately fenced or otherwise dangerous or unsafe condition within the city;

K.       Buildings which are unoccupied and open to ingress and egress and which should be locked up, boarded up or otherwise secured from ingress and egress;

L.        Unpainted buildings in a dry, rotten or warped condition;

M.      Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

N.       Overgrown vegetation causing detriment to neighboring properties or property values;

O.       Dead tress, weeds or debris:

1.      Constituting an unsightly appearance, or

2.      Dangerous to public safety and welfare, or

3.      Detrimental to nearby property or property values;

P.         Trailers, campers, boats and other mobile equipment stored for unreasonable periods in unsheltered front yard areas thirty days being prima facie evidence of an unreasonable period;

Q.       Attractive nuisances dangerous to children in the form of:

1.      Abandoned and broken equipment, or

2.      Hazardous pools, ponds and excavations, or

3.      Neglected machinery, or

4.      Abandoned refrigerators;

R.        Broken or discarded furniture and household equipment in yard areas for unreasonable periods, seven days being evidence of an unreasonable period;

S.         Clotheslines in front yard areas;

T.         Garbage cans stored in front yard or side yard and visible from public streets;

U.       Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods, seven days being prima facie evidence of an unreasonable period;

V.       Neglect of premises:

1.                  To spite neighbors,

2.                  To influence zone changes, or

3.                  To cause detrimental effect upon nearby property or property values;

W.      Property including but not limited to building exteriors which are maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to the value of proximal properties and improvements.  This includes but is not limited to the keeping and disposing of or the scattering over the property or premises of any of the following:

1.                  Lumber, junk, trash, or debris,

2.                  Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers, or

3.                  Stagnant water or excavations, or

4.                  Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location;

X.       Emitting or discharging any lint or other waste from any laundry or dry cleaning premises.  (Ord. 113 §4(Z), 1986; prior code AO §11.12.020)