Chapter 9.50
NUISANCES
Sections:
9.50.010 “Nuisance” defined – Violation – Classification of offense.
9.50.030 “Public nuisance” defined.
9.50.040 Maintaining, committing or failing to remove public nuisance – Classification of offense.
9.50.050 Carcass or offal – Prohibitions relating to disposal – Classification of offense.
9.50.060 Not to affect other provisions of municipal ordinances.
9.50.070 Action for abatement of public nuisances.
9.50.010 “Nuisance” defined – Violation – Classification of offense.
(1) A “nuisance” is any item, thing, manner, or condition whatsoever that is dangerous to human life or health or renders soil, air, water or food impure or unwholesome.
(2) Any person, whether as owner, agent, or occupant, who creates, aids in creating, or contributes to a nuisance, or who supports, continues or retains a nuisance, is guilty of an infraction. [Ord. 87-34 § 13-08-201, 1987.]
9.50.020 Befouling waters.
A person is guilty of an infraction if he:
(1) Constructs or maintains a corral, sheep pen, goat pen, stable, pigpen, chicken coop, or other offensive yard or outhouse where the waste or drainage therefrom shall flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or
(2) Deposits, piles, unloads, or leaves any manure heap, offensive rubbish, or the carcass of any dead animal where the waste or drainage therefrom will flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or
(3) Dips or washes sheep in any stream, or constructs, maintains, or uses any pool or dipping vat for dipping or washing sheep in such close proximity to any stream, located within this municipality or other in which this municipality may exercise its jurisdiction and used by the inhabitants of this municipality for domestic purposes as to make the waters thereof impure or unwholesome; or
(4) Constructs or maintains any corral, yard, or vat to be used for the purpose of shearing or dipping sheep within 12 miles of the municipality, where the refuse or filth from the corral or yard would naturally find its way into any stream of water used by the inhabitants of this municipality for domestic purposes; or
(5) Establishes and maintains any corral, camp, or bedding place for the purpose of herding, holding, or keeping any cattle, horses, sheep, goats, or hogs, within seven miles of this municipality, where the refuse or filth from the corral, camp, or bedding place will naturally find its way into any stream of water used by the inhabitants of this municipality for domestic purposes. [Ord. 87-34 § 13-08-202, 1987.]
9.50.030 “Public nuisance” defined.
(1) A “public nuisance” is a crime against the public order and economy of this municipality and consists in unlawfully doing any act or omitting to perform any duty which act or omission either:
(a) Annoys, injures, or endangers the comfort, repose, health or safety of three or more persons; or
(b) Offends public decency; or
(c) Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway; or
(d) In any way renders three or more persons insecure in life or the use of property.
(2) An act which affects three or more persons in any of the ways specified in this section is still a nuisance regardless of whether the extent of annoyance or damage inflicted on individuals is unequal. [Ord. 87-34 § 13-08-203, 1987.]
9.50.040 Maintaining, committing or failing to remove public nuisance – Classification of offense.
Every person who maintains or commits any public nuisance the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of an infraction. [Ord. 87-34 § 13-08-204, 1987.]
9.50.050 Carcass or offal – Prohibitions relating to disposal – Classification of offense.
Every person who puts the carcass of any dead animal or the offal from any slaughter pen, corral, or butcher shop into any river, creek, pond, street, alley, or public highway, or road in common use or who attempts to destroy it by fire within one-fourth of a mile of this municipality is guilty of an infraction. [Ord. 87-34 § 13-08-205, 1987.]
9.50.060 Not to affect other provisions of municipal ordinances.
Nothing contained in this municipal criminal code shall affect any other provisions of this municipality’s ordinances, rules or regulations which regulate, prohibit or effect nuisances or public nuisances. [Ord. 87-34 § 13-08-206, 1987.]
9.50.070 Action for abatement of public nuisances.
The municipal attorney is empowered to institute an action in the name of this municipality to abate a public nuisance. [Ord. 87-34 § 13-08-207, 1987.]