(A) The following conditions within the town constitute and are hereby declared to be nuisances:
(1) The permission by any person of any premises owned, occupied, or controlled by him or her to become or remain in a filthy condition or the permission of the use or occupation of same in a manner so as to create noxious or offensive smells or odors in connection therewith, or the allowance of the accumulation or creation of rubbish or other unwholesome and offensive matter or the allowance of the breeding of flies, rodents, or other vermin on the premises to the menace of the public health or the annoyance of people residing in the vicinity;
(2) The putting, throwing, dumping, leaving, or depositing, or causing to be put, thrown, dumped, left, or deposited, any paper, boxes, tin cans, brush, brick, wood, glass, dirt, sand, gravel, grass, leaves, or debris or rubbish of any kind or character whatsoever, in or upon or within the limits of any street, alley, sidewalk, thoroughfare, or public way in the town;
(3) Any building, house, or structure caused or suffered to become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair, or that due to lack of adequate maintenance or neglect it endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property;
(4) The erection, use, or maintenance of a dwelling which is unfit for human habitation, as defined in division (B) of this section;
(5) There is caused or suffered any building, house, or structure to become so out of repair and dilapidated that, in the condition it is permitted to be and remain, it shall, if the condition is suffered to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property using or being upon the streets or public ways of the town adjoining the premises, by reason of the collapse of the building, house, or structure or by the falling of parts thereof or of objects therefrom;
(6) There is caused or suffered any tree, stack, or other object to remain standing upon the premises in such a condition that it shall, if the condition is suffered to continue, endanger the life, limb, or property or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof;
(7) There emits from premises into the surrounding atmosphere such odor, dust, smoke, or other matter as to render ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible;
(8) To allow any pool of stagnant water to accumulate and stand on any property;
(9) There is made or caused noise noxious enough to destroy the enjoyment of dwelling houses or other uses of property in the vicinity by interfering with the ordinary comforts of human existence, including but not limited to unnecessary sounding of horns, racing the motor, or causing the screeching or squealing of tires on any vehicle, radios or phonographs or victrolas, and sound trucks or public address systems;
(10) There is caused or suffered such an accumulation on any premises of filth, refuse, trash, garbage, or other waste materials that it endangers the public health, welfare, or safety or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents, or insects, or its blowing into any street, sidewalk, or property of another. It shall be the duty of persons owning or being in charge of those business establishments whose patrons purchase goods or services from their automobiles, commonly known as “drive-ins,” to furnish sufficient covered receptacles for the deposit of wastes created in the operation of the business and to clean up wastes as are not deposited in receptacles at the close of business of each day (if the business operates continuously, at least once each day) and at other times when weather conditions are such that waste from the operation of the business is being blown to adjoining premises;
(11) There is stored on the premises combustible or explosive material so as to create a safety hazard to other property or persons in the vicinity;
(12) There is caused or suffered the maintenance of any open or uncovered, or insecurely covered, cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place;
(13) There is caused or suffered the growing and maintenance of trees with less than 14 feet clearance over streets or less than eight feet over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street; or
(14) The dressing of poultry within the town limits for wholesale or retail use, unless at the end of each day the debris made in the dressing of the same shall be removed to some point beyond the town limits and destroyed.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMOBILE PARTS. Includes any portion or parts of any motor-driven vehicle as detached from the vehicle as a whole.
DWELLING. Includes any part of any building or its premises used as a place of residence or habitation or for sleeping by any person.
MOTOR VEHICLE UNFIT FOR FURTHER USE. Includes any style or type of motor- driven vehicle used for the conveyance of persons or property, which is in a dangerous condition generally so as to be unfit for further use as a conveyance.
SCRAP METAL. Includes pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or useful for its originally intended purpose.
UNFIT FOR HUMAN HABITATION. A dwelling is UNFIT FOR HUMAN HABITATION when it is dangerous or detrimental to life or health because of want of repair, defects in the drainage, plumbing, lighting, ventilation, or construction, infection with contagious disease, or the existence on the premises of an unsanitary condition likely to cause sickness among occupants of the dwelling.
(Ord. 2-1965, passed 4-10-1965) Penalty, see § 10.99