The following acts or conditions are hereby deemed and declared to be public nuisances detrimental to the public health, safety or general welfare of the community, and the proper officers of the town are authorized to require and enforce the abatement of such nuisances as, in their discretion, they shall deem necessary.
(A) Class A nuisances. The following acts or conditions shall be deemed Class A nuisances, and are subject to abatement in the manner provided by § 91.03 of this chapter:
(1) Operating or permitting the operation of radios, phonographs, tape recorders, amplifiers, musical instruments, power tools or similar devices, or conducting or participating in noisy or boisterous parties or gatherings, producing noise of such unreasonable level or at such unreasonable hours and plainly audible beyond the property boundary or through partitions within a building, so as to cause other persons to complain of being disturbed thereby or which appears, in the opinion of an enforcement officer, to substantially disturb the tranquility of a neighborhood;
(2) Causing or permitting excessive and annoying noise or dust from the operation of machinery or vehicles, except to the extent that their operation is necessary for the ordinary purposes of construction, industry or transportation, and the noise and dust is natural to their operation and cannot be prevented by reasonable and ordinary means;
(3) Detonation or use of firecrackers, blank pistols or other fireworks or explosive devices for purposes of amusement or celebration, other than in the case of properly qualified persons authorized by the Town Council to conduct public fireworks displays;
(4) Causing or permitting the emission and dissemination of dense, toxic, foul-smelling, irritating or annoying smoke, fumes, dust, ash products or condensates; and
(5) Causing or permitting any other act or condition which results in a substantial and imminent threat to the public health or safety.
(B) Class B nuisances. The following acts or conditions shall be deemed Class B nuisances, and are subject to abatement in the manner provided by § 91.04 of this chapter:
(1) Maintain any condition of property, other than a natural condition of the land, which:
(a) Is conducive to the breading or harborage of noxious, annoying or injurious animals and insects, including, but not limited to, rats, mice, mosquitoes, flies and termites;
(b) Involves the accumulation and storage, for unreasonable periods of time, in front or side yard or other areas visible from a public street or other public place of broken or discarded furniture and household equipment, packing boxes, abandoned equipment or machinery or other litter or debris;
(c) Invites or provides harborage for trespassers, vagrants, criminals or persons intent on the conduct of illegal or immoral activities;
(d) Is maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same cause appreciable diminution of the property values of surrounding properties; or
(e) Constitutes the maintenance of a specific hazard or an attractive nuisance, such as, but not limited to, improper storage or protection of highly vehicles or machinery, unprotected pools or excavations, dead or decayed trees, or inadequately guarded electrical wiring.
(2) Operation of electrical or mechanical equipment or machinery which:
(a) Causes electrical or electromagnetic interference with radios, televisions, telephones or other communications or electronic equipment; or
(b) Cause earthshaking vibrations, detectable beyond the premises where such equipment is operated and causing or potentially causing damage to property or annoyance to others.
(3) Any other act or condition, to the extent not defined as a Class A public nuisance, and which:
(a) Works an unreasonable injury, harm or prejudice to others or the public generally;
(b) Is done to the unreasonable hurt and annoyance of the lands, tenements or hereditaments of others or the public;
(c) Endangers life or health;
(d) Gives unreasonable offense to the senses;
(e) Violates the laws of common decency; or
(f) Constitutes an abuse of public or another’s private property or impedes the normal use and enjoyment of public or private property by others.
(Prior Code, § 4-3-1)