City of Goodland v. Popejoy

Citations

• 98 Kan. 183
• 157 P. 410
• 1916 Kan. LEXIS 42

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>City Ordinance — Forbidding Garbage on City Lots — Ordinance Invalid. A section of an ordinance of a city of the second class made it unlawful for an owner or occupant to deposit tin cans, manure, ashes, garbage, and other refuse matter on his lots or to allow such matter to remain on his lots. The condition that the refuse matter should be offensive to others or detrimental to the public health or welfare was not recognized, no distinction was made between nocuous and innocuous deposits or accumulations, and the offense was complete if any of the things mentioned were deposited or allowed to remain, whatever the quantity, circumstances, or length of time. Held, the section of the ordinance was beyond the authority conferred on cities of the second class to secure the general health and to prevent and remove nuisances.</p>