Loading...
No operation or activity directly under the control of the property user shall cause or create air pollution in excess of the standards prescribed herein:
(A) Dust. Dust and other types of air pollution borne by the wind from sources such as storage areas, yards, driveways and roads shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting and other acceptable means;
(B) Smoke density. The emission of smoke of a density greater than No.2 on the Ringlemann Chart (as published by the United States Bureau of Mines) is prohibited except that smoke not exceeding a density of No. 3 on the Ringlemann Chart may be emitted for not to exceed 6 minutes during any 8-hour period;
(C) Odors. No emissions of odorous gases or other odorous matter shall be permitted at or beyond the lot lines in any Residential or Commercial District;
(D) Toxic or noxious matter. No emission will be permitted which would be demonstrably injurious to human health, or animal or plant life common to the region or at or beyond the lot line. Where an emission could be produced as a result of accident or equipment misfunction, adequate safeguards considered standard for safe operation in the activity involved shall be taken; and
(E) Emissions. In addition to the performance standards herein specified, the emission of smoke or particulate matter, as determined by standards accepted by the United States Environmental Protection Agency, in a manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
No operation or activity under the control of the property user other than well drilling or railroad train operations shall cause or create vibration in excess of the limits herein permitted.
(A) Permitted vibration levels. Vibration levels may not exceed those shown in either column of the following table when measured at the lot line, or at any point in any Residential District outside the lot, respectively.
Vibration
|
Maximum Particle Velocity at Lot Line | Maximum Particle Velocity in Residential District |
Steady vibrations | 0.015 | 0.003 |
Impulsive vibrations | 0.030 | 0.006 |
Intermittent vibrations | 0.075 | 0.015 |
(B) Measurement.
(1) Vibration displacements shall be measured with an instrument capable of simultaneously measuring in 3 mutually perpendicular directions.
(2) Particle velocity is to be determined by the formula 8.2 FA, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibrations in inches.
(3) For the purposes of this chapter, STEADY VIBRATIONS are vibrations in discrete impulses more frequent than 100 per minute.
(4) Vibrations in discrete impulses which do not exceed 100 per minute but exceed 8 per 24 hours shall be considered IMPULSIVE VIBRATIONS.
(5) Vibrations in discrete impulses which do not exceed 8 per 24-hour period shall be considered INTERMITTENT.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
No operation or activity under the control of the property user shall cause or generate heat or glare in excess of the limits provided herein:
(A) Heat. Every use and activity shall be so operated that it does not raise the ambient temperature at or beyond any lot line more than 2°F; and
(B) Glare. In addition to the standards imposed by particular use district regulations, no operation shall, between the hours of 11:00 p.m. and 6:00 a.m. cause illumination in excess of 0.05-foot candles at a point 40 feet from the street line in a Residential District.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
No operation or activity under the control of the property user shall cause or create electromagnetic interference affects at any point in the operation of any equipment other than that belonging to the creator of the interference or that violates any regulation of the Federal Communications Commission.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ILLUSTRATIVE ENUMERATION. 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:
(a) Accumulation of rubbish, trash, refuse, junk or other abandoned materials, metals, lumber or other things;
(b) Any human-made condition which provides harborage for rats, mice, snakes and other vermin;
(c) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation; kept in an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof; or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
(d) All unnecessary or unauthorized noises and annoying vibrations;
(e) All disagreeable or obnoxious odors and stenches, as well as conditions, substances or other causes which give rise to the emission or generation of like odors and stenches;
(f) The carcasses of animals or fowl not disposed of within a reasonable time after death;
(g) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances;
(h) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained;
(i) Any unnatural accumulation of stagnant water permitted or maintained on any lot or piece of ground with the exception of wetlands;
(j) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities;
(k) The unauthorized obstruction of any public street, road or sidewalk; or
(l) Any abandoned vehicle, unlicensed vehicles, abandoned trailer or unlicensed trailer or boat.
NUISANCE. The doing of an unlawful act, or the omitting to perform a duty, or the suffering or permitting 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;
(b) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
(c) In any way renders other persons insecure in life or the use of property; or
(d) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(B) Prohibited. Any person who causes, permits, maintains or allows the creation or maintenance of a nuisance shall be punishable as provided in § 155.999.
(C) Notice to abate. Whenever a nuisance is found to exist within the town, a duly designated officer of the town may give written notice to the owner or occupant of the property upon which the nuisance exists or upon the person causing or maintaining the nuisance as provided in § 155.999.
(D) Contents of notice. The notice to abate a nuisance issued under the provisions of this subchapter shall contain:
(1) An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstance;
(2) The location of the nuisance, if the same is stationary;
(3) A description of what constitutes the nuisance; and
(4) A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the town may abate the nuisance and assess the cost thereof against the person.
(E) Service of notice. The notice to abate a nuisance shall be served as authorized by law and provided in § 155.999.
(F) Abatement by town. Upon failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this section to abate the same, a duly designated officer or employee of the town may proceed to abate the nuisance and shall prepare a statement of costs incurred in the abatement thereof.
(G) Recovery of town’s costs.
(1) Any and all costs incurred by the town in the abatement of a nuisance under the provisions of this section shall constitute a lien against the property upon which the nuisance existed and shall be certified by the Clerk-Treasurer to the County Auditor who shall cause the costs to be placed upon the tax duplicate of the owner(s) of the property and the costs shall then be collected from the owner as other taxes are collected.
(2) In addition, the costs shall be a debt which may be collected by the town in an appropriate civil action.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
Statutory reference:
Power of town to correct conditions which are in violation of ordinances, see I.C. 36-1-6-2
Loading...