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CONTROL: The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on property.
OWNER: Any person, agent, firm or corporation having any legal or equitable interest in the property. Owner includes, but is not limited to, a mortgagee in possession in whom is vested all or part of the legal title to the property or all or part of the beneficial ownership and the right to the present use and enjoyment of the premises; or an occupant who can control what occurs on the property.
PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or expressly ascent to agree to the doing of an act.
PERSON: Any natural person, association, partnership or corporation capable of owning or using property in the city of Athens.
PERSON IN CHARGE: Any person in actual or constructive possession of a property including, but not limited to, an owner or occupant of property under his or her domain, ownership or control.
PROPERTY: Any real property, including land which is affixed, incidental or pertinent to the land, including, but not limited to, any premises, room, house, building, or structure or any separate part or portion thereof. (Ord. 19-2005, 11-14-2005)
A. The presence of the following within the city is declared to be detrimental to the public health, safety, and welfare and constitutes a nuisance:
1. Disturbing The Peace: Sound, animal, or things which interfere with the peace and comfort or disturb the quiet enjoyment of any person in the city.
2. Dangerous, Offensive Conditions: Anything which is made, permitted, used, kept, maintained, or operated, or any building or any animal that is kept in a manner which is offensive, nauseous, dangerous to life, limb, or property, or detrimental to the health and/or safety of the persons residing in or traveling through that area.
3. Offensive Discharges: Any filthy, foul, or offensive matter or liquid of any kind discharged into any street, alley, or public place, or on any adjacent lot or ground.
4. Stagnant Water:
a. Any lot, ground, or premises within the city on which stagnant water may be standing so as to become or is likely to become foul, putrid, offensive, harborage for insects and rodents or detrimental to the health and comfort of persons residing in the vicinity thereof.
b. To create any condition, through the improper maintenance of a swimming pool or wading pool or by causing any action which alters the condition of a natural body of water so that it harbors mosquitoes, flies, or other animal pests that are offensive, injurious or dangerous to the health of individuals or to the public.
5. Smoke Emissions: The emission of dense smoke from the chimney or smokestack of any building or premises.
6. Spoiled Or Diseased Food Products: Any spoiled, tainted, or diseased perishable agricultural commodity.
7. Vegetation Obstructing View Of Public Ways: Trees, shrubs, bushes, weeds, or plants permitted to grow or accumulate on premises adjacent to any street or alley or other public way in a manner as to obstruct the view and endanger traffic conditions.
8. Garbage And Rubbish: Accumulation of rubbish or garbage, disposal of rubbish, rubbish storage facilities, disposal of garbage, garbage facilities, and containers, all as set out in the international property maintenance code, as published by the International Code Council.
B. In addition to what is herein declared to be a nuisance, those offenses known to the common law or of the state or federal statutes as nuisances may, in case the same exist within the city, be treated as such and proceeded against as provided in this chapter. (Ord. 19-2005, 11-14-2005; amd. 2017 Code)
A. No person shall play, use, operate, or permit to be played, used or operated, any radio, tape recorder, cassette player or other device for receiving broadcast sound or reproducing recorded sound if the device is located:
1. On the public way; or
2. In any motor vehicle on the public way;
if the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than seventy five feet (75'). This section shall not apply to any person participating in a special event for which a permit has been obtained.
B. Any person who violates this section shall be subject to a fine of not less than one hundred dollars ($100.00) for a first offense and not more than seven hundred fifty dollars ($750.00) for each violation; provided, that for the second conviction of any violation of this section within one calendar year, the mandatory minimum fine shall be two hundred fifty dollars ($250.00). Each day during which a violation continues beyond the specified time for correction shall constitute a separate punishable offense. If court proceedings are necessary to enforce the fine assessed, then court costs shall be assessed in addition to the fine. (Ord. 19-2005, 11-14-2005)
Any person causing a nuisance as defined in this chapter or recognized by the common law, and the owner, occupant, or lessee of land on which any nuisance exists, are required to correct the nuisance. The correction shall be made within the time limit enumerated in the notice of violation from the city. In all cases, it shall be the ultimate responsibility of the owner of the premises on which a nuisance exists to correct the violation. (Ord. 19-2005, 11-14-2005)
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