The following terms shall apply to this subchapter as written unless context indicates or requires a different meaning:
COMPONENT PART. Any identifiable part of a discarded, ruined, wrecked, or dismantled motor vehicle, including, but not limited to, fenders doors, hoods, engine blocks, motor parts, transmissions, frames, axles, wheels, tires, and passenger compartment fixtures.
INOPERATIVE. A motor vehicle, trailer, camper, boat or other water craft which is not in operating condition, or which for a period of 30 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for its operation, or, on which there are displayed neither valid license plates or a valid tax decal.
JUNK. Old appliances, equipment, or parts thereof, old iron or scrap metal, automobile or truck tires, cardboard, old lumber or scrap wood, rags, rope, paper, debris, rubble, batteries, rubber debris, mattresses, or any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage, for conversion to some other use or for reduction into components and is not part of a commercial or public salvaging or recycling operation.
JUNK VEHICLE. A discarded, ruined, wrecked, or dismantled motor vehicle, including component parts, that is not lawfully and validly licensed and remains inoperative or incapable of being driven.
MOTOR VEHICLE. A vehicle designed to be propelled by its own power and designed or used to transport persons or property upon public highways, streets, or alleys.
OFFENSE OF MAINTAINING A PUBLIC NUISANCE.
(1) A person commits the offense of maintaining a public nuisance if such person knowingly creates, conducts or maintains a public nuisance. The owner of a parcel of property and the occupant of the parcel of property are jointly and severally liable for any violation of this section. There is a rebuttable presumption that the person named as owner of the property on the current assessment list of the state department of revenue is the owner of the property for purposes of this chapter.
(2) Any act which affects an entire community or neighborhood or any considerable number of persons (as specified in subsection (J)(l) of this section) is no less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.
(3) This section shall be applicable to and enforced on all classifications of property listed pertaining to applicable zoning laws, rules, and regulations.
PERSON. Any individual, firm, partnership, company, association, corporation, governmental entity or other private entity, whether organized for profit or not.
PUBLIC NUISANCE.
(1) A condition which endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons, including but not limited to, the following.
(2) The enumeration, below, shall not be deemed exclusive, but merely illustrative, it being the intent and purpose of this subsection to include as nuisances, all actions or things of the character described in subsection (J)(l), above.
(a) Accumulating, maintaining or storing in public view on any lot or other parcel of land, any abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, household fixtures or equipment, or junk. If such material is being accumulated as part of an ongoing, active salvage business other than an approved licensed motor vehicle wrecking facility, the salvage business must be located in a properly zoned area for such a business and shall be fully shielded from public view;
(b) Accumulating, maintaining or storing in public view on any lot or other parcel of land any junk vehicle, component part of a motor vehicle, or any abandoned, wrecked, dismantled, or inoperative trailers, campers, boats or other water craft. Any person possessing one or more junk vehicles, regardless of ownership, shall shield the vehicles from public view or remove the vehicles to a licensed motor vehicle wrecking facility, to a licensed motor vehicle graveyard, as defined by MCA 75-10-501 annotated, to property outside city limits, or to property within city limits that would comply with all mandates of this chapter.
(c) Dumping, piling, or stacking of bricks, concrete blocks, waste wood and similar material on any lot or other parcel of land, and said material should be stacked in neat piles and all waste materials from the cleaning of such items, such as mortar, wood splinters, broken and unusable bricks, are removed;
(d) Accumulating, maintaining or storing of a significant amount of cardboard boxes, broken packing boxes, paper, or other similar items on any lot or other piece of land;
(e) Maintaining or accumulating on any lot or other parcel of land, garbage, refuse, decaying vegetation, animal bedding, waste or feces, cesspool, septic tank, water holes, unsealed water tanks, stagnant water, or any other condition which is or may reasonably become infested or inhabited by rodents, reptiles, vermin or wild animals or may furnish a breeding place for mosquitoes or flies;
(f) Maintaining, or causing or permitting the same on any lot or other parcel of land, any building, premises, or fence which is determined to be dangerous or dilapidated. (See Boulder Municipal Code Title 7). Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous or dilapidated building, if such conditions or defects exist to the extent that the life, health, property, value of property or safety of the occupants or the public are jeopardized:
1. Broken or missing window or windows which have remained in such condition for a period exceeding 15 days.
2. Broken or missing exterior door or doors which have remained in such condition for a period exceeding 15 days.
3. Holes in the roof or exterior walls, other than normal construction, which have remained in such condition for a period exceeding 15 days.
4. Fire or other casualty damage in public view which remains unrepaired for a period exceeding six months.
(3) Any premises where persons gather for the purpose of engaging in unlawful conduct;
(4) A condition which renders dangerous for passage any public highway or right-of-way or waters used by the public.
PUBLIC VIEW. Any point six feet above the surface of the center of a public road from which a condition of violation can be seen.
SHIELDING. Fencing or other manmade banners to conceal community decay from public view. It also refers to natural barriers. Any shielding barrier must conform to all local, state, building, and protective covenant provisions. Any shielding is to be sufficient height so that none of the violations on the premises are visible to public view.
WEEDS. Any weed listed on the Montana Noxious Weed List and/or those contained in the Montana County Weed Act and Administrative Rules attached as Appendix A.
(Ord. 2020-01, passed 6-15-2020)