In the interest of the inhabitants of the municipality, it is necessary to prohibit the accumulation of junk, trash and refuse on property within the corporate limits of the municipality by declaring the accumulation a nuisance. The following are hereby declared to be a public nuisance:
(A) Unoccupied premises. It shall be unlawful for any reason for any person to sweep, place or throw solid waste or other waste materials in or upon any sidewalk, street, alley or unoccupied premises.
(B) Unsanitary premises. It shall be unlawful for any person to permit or cause to remain in or about his or her premises any solid waste, weeds, motor vehicles not in operating condition, waste water or any conglomeration of residue thereof which emits odors or serves as a feeding or breeding place for flies, insects or rodents; and which in the opinion of the Sanitation Officer is unsanitary or injurious to public health. The accumulation of building materials, pipes, lumber or boxes may be maintained on the premises if the accumulation is evenly piled and stacked for a reasonable length of time to be determined by the Sanitation Officer.
(C) Hazardous premises. It shall be unlawful for any person to permit in or about his or her premises weeds, briars, brush or any other solid waste to become in any way hazardous or injurious to public health or to obstruct pedestrian and vehicular traffic.
(D) Accumulation of solid waste. It shall be unlawful for any person to allow any solid waste to accumulate upon premises owned, leased, rented or occupied by him or her during intervals between collection thereof, except in the manner herein provided. It shall be unlawful to deposit any solid waste in or upon the streets, alleys, sidewalks, gutters, curbing, storm sewers, parkways or vacant lots within the municipality, except in the manner and in the receptacles or container as provided in division (E) below.
(E) Solid waste receptacles. All solid waste receptacles shall be maintained in a clean and sanitary condition by the owner or person using the receptacle, and the receptacles shall be located only in the places as shall be readily accessible for removing and emptying the same, but shall not be placed in a place or position as may constitute a nuisance or obstruction to vehicular or pedestrian traffic.
(F) Outdoor vehicle storage; prohibited acts; exceptions.
(1) Storing motor vehicles. It is unlawful for any person, firm or corporation to store on, place on or permit to be stored or placed on, or allowed to remain on any occupied or unoccupied land within the municipal limits, a dismantled, partially dismantled or inoperative motor vehicle or any parts of a motor vehicle, except in areas where the activity is within the contemplated purposes of duly licensed businesses and the vehicle or parts are kept in a wholly enclosed garage or structure.
(2) Exceptions. Any person, being the owner or tenant, may store, permit to be stored or allow to remain upon his or her premises any dismantled, partially dismantled or inoperative motor vehicle, or parts thereof, for a period not to exceed 1 week, if the motor vehicle is registered in his or her name; and provided further that the owner or tenant may, in the event of hardship, secure permission from the municipality to extend the period of time.
(3) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
DISMANTLED OR PARTIALLY DISMANTLED VEHICLE. Any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing.
INOPERATIVE OR INOPERABLE MOTOR VEHICLE. Any motor vehicle which by reason of dismantling, disrepair or other cause is incapable of being propelled under its own power.
MOTOR VEHICLE. Any wheeled vehicle which is self-propelled or intended to be self-propelled.
(4) Supplementary. This section shall be construed as being supplementary to any sections of this chapter relating to rubbish, litter and refuse, and shall not be construed to permit the parking or placing of dismantled, partially dismantled or inoperable motor vehicles on any public street.
(Ord. 523, passed 4-14-1980)
(G) Littering. No person shall throw or otherwise dispose of any trash, refuse or litter of any kind anywhere within the town limits of the Town of Clayton except in trash receptacles.
(Ord. 457, passed 3-8-1971)
Penalty, see § 135.99
Cross-reference:
Cutting of weeds, see § 98.01
Storage of vehicles for sale on streets, see § 90.01