§ 28-2. Offensive odors.  


Latest version.
  • (a)

    Any unreasonably noxious, unpleasant, or strong odor, which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity thereof, is declared to be a nuisance, and is prohibited.

    (b)

    Any odor, stench, or smell of such character, strength, and continued duration which interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is declared to be a nuisance and is prohibited.

    (c)

    The following things are, among others, declared to be offensive odors and odor nuisances in violation of this chapter, but the enumeration shall not be deemed to be exclusive, to-wit:

    (1)

    Cow lots. Offensive odors from cow lots, hog pens, and other similar places where animals are kept or fed, which shall disturb the comfort and repose of persons of ordinary sensibilities.

    (2)

    Privies. Offensive odors from privies and other similar places.

    (3)

    Chemicals. Offensive odors from the use or possession of chemicals, or from industrial processes or activities which shall disturb the comfort and repose of persons of ordinary sensibilities.

    (4)

    Smoke. Offensive odors from smoke from the burning of rubbish, trash, rubber, chemical substances, or other things or substances.

    (5)

    Stagnant pools. Offensive odors from stagnant pools allowed to remain on any premises, or from rotting garbage, refuse, offal, or dead animals, or any premises.

(Code 1994, § 7.203; Ord. No. 20A, § III, 12-4-1962)