It is unlawful and a public nuisance for any person
owning, leasing, occupying or having charge or possession of any real
property in the city:
(16) To maintain any type of illumination which is
directed onto adjacent or proximal properties causing substantial
diminution of the enjoyment or use of such properties;
(17) To operate or maintain any device, (Whistles?) instrument,
vehicle or machinery such that the operation or maintenance causes noise
or vibrations which cause discomfort or annoyance to reasonable persons
of normal sensitivity or endangers the comfort, repose, health or peace
of the residents in the area;
A layman's overview as to what constitutes a nuisance
There are two basic types of nuisances.
These are private and public nuisance actions. A private nuisance means
there has been a loss of the use or enjoyment of property without an actual
physical invasion of that property. An action for a physical invasion of
property is known as a trespass action. An example of a private nuisance
would be where an individual failed to keep his dog kennel clean, causing
the next-door-neighbors to experience unpleasant odors when they left their
windows open and also prevented them from spending time in their backyard.
A public nuisance is one that has more far reaching
effects. It has the ability to affect the health, safety, welfare, or
comfort of the public in general. Examples of a public nuisance would be a
factory that emitted bad odors or a racetrack that produced loud noise. Nuisances can often be both public and private. For instance, the lights
from a baseball field may shine directly into the home of a neighboring
property owner, causing a private nuisance. At the same time, the baseball
field might cause excessive noise and brighten up the rest of the
neighborhood, requiring the homeowners to keep their windows and drapes shut
on summer evenings. This would constitute a public nuisance.