Sec. 32C-102. Declaration of nuisance.
A. A public nuisance is anything that is injurious or obnoxious to health or the environment, or is offensive to the sense, or is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons, or which obstructs the free passage or use, in any customary manner, of any street, alley, sidewalk, or other public right-of way.
B. It is hereby declared to be a public nuisance for any person to store, use, manufacture, process, handle or release significant materials, pollutants, or stormwater in a manner that causes or contributes to any of the following:
1. The conditions or circumstances as defined in subsection A of this section;
2. Damage to a public right-of-way or public storm drain system;
3. A violation of a surface water quality standard;
4. A violation of any applicable condition of a NPDES/AZPDES permit.
C. An act is not a public nuisance if it is authorized in any of the following:
1. This chapter;
2. An administrative rule, permit, plan approval, or other authorization issued in compliance with this chapter;
3. A NPDES/AZPDES permit. (Ord. No. G-3589, § 1; Ord. No. G-5707, 2012; Ord. No. G-7116, § 3, 2023)