(A) Definition. A
NUISANCE
is the unreasonable, unwarrantable or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, or an act or omission that obstructs, damages or inconveniences the rights of the community. A
NUISANCE
shall consist of that class of wrongs that arises from the unreasonable, unwarrantable or unlawful use by a person of his or her own property, either real or personal, or from the person's own improper, indecent, unreasonable or unlawful personal conduct, working an obstruction of or to the right of another, or of the public, and producing material annoyance, inconvenience, discomfort or hurt that the law will presume a consequent damage.
(B) It shall be unlawful to commit a nuisance within the corporate limits of the town.
(C) It is hereby declared a nuisance to violate any of the provisions of the town ordinances pertaining to safety; health; building; sanitation; parking, the operation of motor vehicles; the use of streets and alleys; the use of public beaches: parking lots; regulations concerning disposal of refuse and use of garbage containers.
(D) It is hereby declared a nuisance for any person or persons, firm or corporation to violate any of the provisions of the laws or regulations of the State of Indiana or any of its agencies applicable to the Town of Beverly Shores regulating hotels, rooming houses, business enterprise of any kind whatsoever, rules and regulations of the State Board of Health, rules and regulations of the State Fire Marshal and any law or regulation of the State of Indiana or its duly authorized agencies governing the conduct of any business.
(E) In addition to what is declared in this chapter to be a public nuisance, those offenses known to the common law and statutes of Indiana as public nuisances may be treated as such and be proceeded against as is provided in this chapter or in accordance with any other provision of law.
(Ord. 39, passed 2-8-1957 (84-11)) Penalty, see § 91.99