9.05.020 Definitions.
For purposes of this chapter and unless otherwise defined in the code, “public nuisance” means the doing of an unlawful act, or the omitting to perform a duty, or the suffering or permitting of any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Unreasonably injures or endangers the comfort, repose, health or safety of others; or
(2) Unreasonably offends decency; or
(3) Is unreasonably offensive to the senses; or
(4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or
(5) In any way unreasonably renders other persons insecure in life or the use of property; or
(6) Essentially and unreasonably interferes with the comfortable enjoyment of life and property, or tends to unreasonably depreciate the value of the property of others.
However, conduct, speech, or other activity that is protected by the First Amendment to the United States Constitution or by the Indiana Constitution is not a public nuisance. [Added during 2020 recodification.]