Sec. 15-5. Brush and trash.
(a) Brush, tree limbs, and other similar wastes shall be collected from alleys and curbsides only. Brush, tree limbs and other similar wastes shall not be deposited for collection in the street or blocking any drainage way, and shall be neatly bundled and must be tied. Any such bundle shall neither exceed five (5) feet in length nor three (3) feet in spread, and shall not exceed fifty (50) pounds in weight. All such items to be collected by the city shall be stacked neatly in separate piles, and shall not be stacked under low overhead cabling, signs, posts or other similar obstructions. The director of public works, or designated representative, may limit the amount of brush, tree limbs, or other similar wastes to be collected by the city at any location. Anyone who cuts or trims trees, brush, shrubs, grass, or other similar wastes as an independent contractor shall remove or cause to be removed all such materials from the premises serviced and it shall be unlawful for an independent contractor to deposit trees, brush, shrubs, grass, or other similar wastes for collection by the city. Failure to properly dispose of such materials shall constitute littering.
(b) Trash service shall not be provided for commercial accounts unless said trash items may be collected as an incident to normal garbage service and only then when properly containerized along with said garbage and in conformity with the regulations therefore.
(c) Collection of items such as building debris (lumber), shingles, siding, insulation, brick, dirt, plaster, sand, gravel, large automobile parts, scrap metal, wire, dead animals and other bulky or heavy material shall not be included in services provided by the city. Such debris shall be arranged to be removed by the owner at the owner's expense.
(Ord. No. 03-116, §§ 2, 3, 12-11-03)
Sec. 23-1. Definitions.
The following words and phrases when used in this article shall have the meanings respectively ascribed to them in this section:
Brush: Shrubs, bushes, small trees or other vegetation of a species that does not grow into a forest.
Carrion: The dead flesh of decaying animal matter.
Filth: Any substance or matter which is unsanitary, squalid, unclean, or foul.
Impure or unwholesome matter: Any condition or substance which may, tends to, or is liable to be detrimental or injurious to the health or life of any natural person.
Nuisance: Any act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(a) Injures or endangers the comfort, repose, health or safety of others; or
(b) Offends decency; or
(c) Is offensive to the senses; or
(d) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or
(e) In any way renders other persons insecure in life or the use of property; or
(f) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
Objectionable, unsightly, or unsanitary matter: All uncultivated vegetable growth, objects and matter not included within the meaning of the other terms as herein used which are liable to produce or tend to produce an unhealthy, unwholesome or unsanitary condition for property within the general locality where the same is situated. This phrase shall also include any species of rag weed or other vegetable growth which may tend to be unhealthy to individuals residing within the general locality where such growth is situated.
Premises: The whole of the area owned by or under the control of any person, and the term shall include the area between the rear property line and the middle of the alley in instances where the rear of any such property abuts an alley and shall extend beyond the property line of any such lot or parcel of real estate to the curb line of adjacent street where a curb line has been established.
Rubbish: Nonputrescible solid waste consisting of both combustible and noncombustible waste, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
Stagnant water: A pool, puddle, or body of water which is motionless, not flowing or not running in a current or stream.
Weeds: All wild growth of noxious grass or undergrowth, or all rank and uncultivated vegetable growth or matter which has grown to more than nine (9) inches in height, or which, regardless of height, is liable to become an unwholesome, decaying mass or a harboring place for mosquitoes or vermin.
(Code 1960, §§ 12-11, 12-14.1; Ord. No. 79-83, § 1, 12-6-79)
Sec. 23-2. Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(a) Weeds, brush and other rank vegetation.
(b) Accumulation of filth, rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
(c) Any condition which provides harborage for rats, mice, snakes and other vermin.
(d) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
(e) All unnecessary or unauthorized noises and annoying vibrations, including animal noises.
(f) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
(g) Any carrion.
(h) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
(i) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained.
(j) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
(k) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
(l) Any impure or unwholesome matter.
(m) Any objectionable, unsightly or unsanitary matter.
Sec. 11-22. Levels of landscaping; monuments, etc.
No item located within the cemeteries covered by this article shall ever be higher than the surrounding grave level. This prohibition shall include, but not be limited to, graves, gravesites, curbing, bushes, trees, shrubs or any other live vegetable matter with the exception of an appropriate grass. This prohibition shall not include tombstones or appropriate grave markers of a type or kind approved by the city sexton.
(Code 1960, § 5-6)
Sec. 20.5-14. Fencing of public property prohibited.
It shall be unlawful for any individual, organization or corporation to fence, rope off or stake out any area of public property along a parade route except when necessary to protect plants, shrubbery, trees and other landscaping materials and then only with the approval of the city manager. Each private property owner shall notify the city at least thirty (30) days prior to the date(s) of a parade in writing and shall submit a detailed drawing of the planned protective enclosure device. If the private property owner is not notified in writing by the city within ten (10) days of the parade date(s), it shall be assumed that the proposed protective enclosure device is approved. Any changes to the proposed protective enclosure device mandated by the city shall be complied with. All protective enclosure devices shall be removed within the time parameters as prescribed by the city manager. Any such device not so removed may be removed by the city at the adjacent property owner's expense.
(Ord. No. 86-70, § 1, 12-18-86)