09/28/2004 Ordinances 8936
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ORDINANCE NO. 8936
An ordinance to amend Chapter 20 of the Grand Island City Code; to amend
Section 20-11 pertaining to obstructing public right-of-way; to amend Section 20-13 pertaining
to nuisances; to add Section 20-13.1 defining a nuisance; to repeal Sections 20-11 and 20-13 as
now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 20-11 of the Grand Island City Code is hereby amended to
read as follows:
~20-11. Obstructing Public Right-of-Way
(A) It shall be illegal for any person, corporation or entity to erect, plant, place, or maintain, fences, hedges,
shrubbery, or other natural or man-made objects or structures on any public right-of-way which interfere with or are
hazardous to the City's or the general public's use of the right-of-way. No such objects may be placed on any public
right-of-way without the prior consent of the City.
(B) When the City discovers any objects on the city right-of-way as described in Subsection (A) herein, the
City will notify the adjacent property owner or tenant that said objects shall be removed immediately upon giving
personal notice or posting the property.
(C) Any objects not removed pursuant to Subsections (A) and (B) herein may be removed by city personnel
and taken to the Grand Island Police Department impoundment facility or such other facility as the city deems
appropriate for storing said objects. If the objects are not claimed by the owners within thirty days after being placed
in storage, then the city may dispose of the property as it deems appropriate. If said objects are auctioned, the City
may retain sufficient funds to pay all of the expenses of removal from the right-of-way and storage. Any person who
has items removed from the right-of-way by the City shall pay a daily storage fee, the cost of disposal and an
administrative fee of $50.00.
SECTION 2. Section 20-13 of the Grand Island City Code is hereby amended to
read as follows:
~20-13. Nuisances; Generally Defined
A nuisance consists in doing any unlawful 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) Violates any provision of this Code or any ordinances of the City of Grand Island or statute of the
State of Nebraska which is consistently repeated or of a continuous and ongoing nature, if uncorrected.
(B) Is an act or thing done, made, permitted, allowed, or conducted on any property, public or private, by
any person, firm, or corporation, their agents or servants, detrimental to the health, or to the damage or injury of
any of the inhabitants of the City.
Approved as to Form II
September 29, 2004
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ORDINANCE NO. 8936 (Cont.)
(C) Is offensive to the senses.
(D) Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream,
public park, parkway, square, street, or highway in the City.
(E) In any way renders other persons insecure in life or the use of property.
(F) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the
value of the property of others.
SECTION 3. Section 20-13.1 is hereby added to Chapter 20 of the Grand Island
City Code to read as follows:
~20-13.1. Nuisances; Specifically Defined
The maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts, omissions,
places, conditions, and things are hereby declared to be nuisances:
(A) Any odorous, putrid, unsound or unwholesome grain, meat, feathers, vegetable matter, or the whole or
any part of any dead animal, fish, or fowl.
(B) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats,
or which are foul or malodorous.
(C) Filthy, littered or trash-covered cellars, houseyards, barnyards, stable-yards, factory-yards, mill yards,
vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises.
(D) Stockpiling animal manure in a manner that causes an abundance of flies, malodorous conditions or
creates other health concerns, or which is kept or handled in violation of any ordinance of the City.
(E) Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of fish or any
waste vegetable or animal matter in any quantity; provided, nothing herein contained shall prevent the
temporary retention of waste in receptacles in a manner approved by the health officer of the City, nor the
dumping of non-putrefying waste in a place and manner approved by the health officer.
(F) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken
stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the
same be kept in covered bins or galvanized iron receptacles.
(G) Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, used
furniture, used appliances, excelsior, packing hay, straw or other packing material, lumber not neatly piled,
scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials
when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which
may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof.
(H) Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed
building or structure or any building or structure commenced and left unfinished, which said buildings,
billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly
as to depreciate the value of property in the vicinity thereof.
(I) All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling
of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or
abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the
storing or leaving of any machinery or equipment used by contractors or buildings or by other persons, which
said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or
property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof.
(1) Stagnant water permitted or maintained on any lot or piece of ground.
(K) Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or
enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other
animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed,
when said places in which said animals are confined, or said premises on which said vegetable or animal matter
is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate
therefrom, to the annoyance of inhabitants of the City, or are maintained and kept in such a manner as to be
injurious to the public health.
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ORDINANCE NO. 8936 (Cont.)
(L) All other things specifically designated as nuisances elsewhere in this Code.
SECTION 4. Sections 20-11 and 20-13 as now existing, and any ordinances or
parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 5. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 28, 2004.
Attest:
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RaNae Edwards, City Clerk
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