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No person shall be charged with violation of this subchapter if such person:
(A) Has instituted eviction proceedings within ten days of receipt of notice of alleged prohibited conduct as provided herein, against the tenant or occupant whose suspected prohibited conduct would otherwise give rise to potential liability under this subchapter;
(B) Has proceeded with reasonable diligence in the prosecution of the eviction proceedings;
(C) If any eviction proceedings are not completed within 30 days by reason of court ordered delays in such proceedings, the person charged with a violation of this subchapter must, nonetheless, move forward expeditiously with any such eviction proceeding;
(D) Has initiated an action under IC 32-30-8 et seq. or any other similar eviction law which will cause such prohibited conduct to cease upon the property; or
(E) Has requested the assistance of the Police Department in providing evidence at any evidentiary hearing in an eviction proceeding entered hereunder and the Police Department has either failed or refused to appear or to provide evidence in support of the eviction action.
(Ord. 28, 2014, passed 3-2-15; Am. Ord. 7, 2016, passed 5-2-16)
OTHER OFFENSES
For purposes of this title 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:
(A) Injures or endangers the comfort, repose, health or safety of others: or
(B) Offends decency; or
(C) Is offensive to the senses; or
(D) 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
(E) In any way renders other persons insecure in life or the use of property;
(F) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Ord. 28, 2014, passed 3-2-15)
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive in any way:
(A) Vegetation or construction debris which constitutes an environmental public nuisance under Chapter 98 of the code;
(B) A condition which causes property to become a health or safety hazard, unless specifically authorized under existing laws and regulations;
(C) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals lumber or other things;
(D) Any condition which provides harborage for rats, mice, snakes and other vermin;
(E) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, kept in such an unsanitary condition that is a menace to the health of people residing in the vicinity thereof, or presents a more that ordinarily dangerous fire hazard in the vicinity where it is located;
(F) All unnecessary or unauthorized noises and annoying vibrations, including noises;
(G) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches;
(H) The carcasses of animals or fowl not disposed of within a reasonable time after death;
(I) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, industrial wastes or other substances;
(J) Any building, structure or other place or location where any activity which is in violation of any city ordinance, or state or federal law is conducted, performed or maintained;
(K) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground;
(L) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities;
(M) The unauthorized obstruction of any public street, road or sidewalk;
(N) Any abandoned vehicle;
(O) Those offenses which are known in common law and state statutes as public nuisances;
(P) Any business that requires more than ten police runs in a calendar month to respond to a report of theft for a value of less than $50. The notice provisions in §§ 130.03 and 130.05 shall not apply. Upon receiving one police run in a calendar month under this section, the owner of the business and its local management shall be sent a notice, either by personal service or certified mail, advising that an investigation has commenced.
(Ord. 28, 2014, passed 3-2-15; Am. Ord. 13, 2015, passed 7-6-15) Penalty, see § 10.99
No person without legal right or license shall discharge or assist in discharging any firearm, cannon, or any other instrument which when fired produces a like effect in the City of Beech Grove city limits.
(Ord. 28, 2014, passed 3-2-15) Penalty, see § 10.99
It shall be unlawful for any person or persons to impede or interfere or attempt to impede or interfere with any police officer, firefighter, civilian paramedic or any other city official in the performance of his or her duties as emergency response personnel.
(Ord. 28, 2014, passed 3-2-15) Penalty, see § 10.99
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