[HISTORY: Adopted by the Common Council of the City of Oneida 12-21-1982 as Ch. 4-12 of the 1982 Code; amended in its entirety 12-19-2000 by L.L. No. 6-2000. Subsequent amendments noted where applicable.]
Article I In General
Article II Public Nuisances
No person shall knowingly or carelessly or negligently do or contribute to the doing of any act dangerous to the life or detrimental to the health or the comfort of any human being; nor shall any person omit to do any reasonable and proper act or take any reasonable or proper precaution to protect human life and health and comfort.
No toxic substances banned by either the state or federal government shall be transported into or retained within the city.
As used in this article, the following terms shall have the meanings indicated:
- A public nuisance affecting health.
- PUBLIC NUISANCE AFFECTING HEALTH
- A nuisance which is a thing, act, use of property, premises, equipment or structure affecting the health of one or more persons.
The following are hereby declared to be nuisances affecting health as well as and in addition to any act, omission of act, occupation and/or use of property, premises, equipment or structure deemed to be a menace to the health of the inhabitants of and within the City or so declared in any section of this chapter.
All decayed or unwholesome food offered for sale to the public.
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of animals not buried or destroyed within 24 hours after death.
Accumulations of manure or rubbish not conforming with provisions of this code.
Garbage cans which are not fly or rodent tight.
The pollution of any well, cistern, spring, underground water stream, lake, canal or body of water by sewage or industrial wastes or other substances harmful to human beings.
All noxious weeds and other rank growths upon public or private property.
All public exposure of persons having a contagious disease.
The use of a common drinking cup or roller towel.
The distribution of samples of medicines or drugs, except to members of the medical profession.
Any animals or creatures so maintained as to constitute a public nuisance.
All buildings and all alterations to buildings made or erected in violation of the provisions of this chapter.
Any insanitary use of property within City limits.
All dangerous or insanitary, unguarded, unprotected machinery or equipment in any public place or situated or operated on private property in violation of provisions of this chapter.
All infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm lice.
Any box, refrigerator, trunk or similar device which cannot be opened from the inside which is discarded intact or placed when unused where it may be available to the public, whose door latch or hinges have not been removed.
All defective or insanitary plumbing such as leaking or back flooding.
Within the corporation tax district and the lands known as "District #3" of the Sherrill-Kenwood Volunteer Fire Department as described in Local Law 1 of the Year 1941, grass and weeds growing on tracts or parcels of land adjoining land on which is situated a dwelling house or building shall be cut each year on or before the first day of May, first day of June, first day of July, first day of August, first day of September and first day of October thereof, on that portion of the premises bounded by the street or highway abutting the property on the front and the front line of the dwelling house or building, including, as well, any side lawn or lawns abutting upon any lot upon which is situated a dwelling house or building, and to a depth at least equal to fifty feet beyond the rear line of the dwelling house or building or to the rear property line, whichever is lesser. The City Clerk shall publish a notice in the official newspaper once in the month of April, once in the month of May, once in the month of June, once in the month of July, once in the month of August and once in the month of September of each year requiring all owners of tracts or parcels of land adjoining land on which is situated a dwelling house or building to cut the grass and weeds growing thereon before May 1, June 1, July 1, August 1, September 1, or October 1, respectively, in the manner provided above. If any such tract or parcels of land are uncut after the 10th day of May, 10th day of June, 10th day of July, 10th day of August, 10th day of September and 10th day of October of each year as above set forth, the City shall cut such grass and weeds. The fee for the cutting of said grass and weeds shall be $100 for the first quarter of an hour or any portion thereof, and thereafter $25 for each quarter hour or any portion thereof. The cost thereof shall be assessed against the property and placed upon the next assessment roll, if unpaid when such roll is adopted.
Editor's Note: This ordinance provided that it take effect 1-1-2002.
Whenever the Common Council shall determine the existence and direct the removal of a nuisance in any part of the city, if the same is not removed within such time as the Common Council shall direct, it may cause the same to be removed at the expense of the city, and declare such expense to be a lien on the lot and enforce a collection thereof in the manner provided in the Charter for the collection of taxes or assessments, or by action against the owners of the lot or any other person who may have erected, suffered or maintained such nuisance, and in case of the nonremoval or nonabatement of any such nuisance by the person creating the same, after notice by the Common Council to abate such nuisance, within the time fixed as aforesaid, such person shall be guilty of a misdemeanor.