The term
PUBIC NUISANCE includes any of the following:
(A) In addition to what is declared in this chapter and code to be a public nuisance, those offenses which are known to the common law and state statutes as public nuisances may, when found to exist within the town limits, be treated as such and be proceeded against as provided in this article and code, or in accordance with any other provisions of law. Wherever the word
NUISANCE is used in this chapter it refers to a PUBLIC NUISANCE.
(B) The following conditions shall be considered to constitute public nuisances for the purpose of this chapter:
(1) Utter.
(2) Fallen tree stumps, dead trees, cut brush, fallen or cut limbs.
(3) Boxes, inoperable appliances, and household items any of which are not kept completely enclosed in a building.
(4) Demolition remains.
(5) Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the town.
(6) Accumulated garbage and trash.
(7) Automobile parts, disassembled automobiles, automobiles without engines, tires, plumbing and piping material, and parts, scrap metal, unseaworthy or dilapidated boats, dilapidated, deteriorated or inoperable jet skis, snowmobiles, motorcycles, bicycles, trailers, mopeds, or toys, any of which are not kept completely enclosed in a building.
(8) Structures defaced with paint or wording.
(9) Any portion of real property or any personal property which emits an unwholesome odor.
(10) Any wastewater, filth, offal, garbage, rubbish, animal waste, human excrement, which is deposited, allowed, or caused to be upon any public or private property.
(11) Any water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except in accordance with an approved drainage plan.
(12) Any dead animal or animal parts left exposed to public view or the view of neighboring residents.
(13) The erection of a dam or any other obstruction or accumulation of material by a private party which prevents the natural flow of water and causes it to collect in pool upon any private or public property.
(14) Any real or personal property on which a condition exists which constitutes a public health hazard.
(15) The placing or accumulating on or within any real or personal property, or the permitting of same, of any matter which attracts or may attract rodents, insects, or domestic or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition.
(16) Any real or personal property, used as a place of residence or habitation or for sleeping that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of defects in water, drainage, heat, electricity, plumbing, ventilation, or garbage and trash removal.
(17) The storage of any explosive, combustible, or other material which creates a safety or health hazard.
(18) Trees, shrubbery, weeds, snow or other matter obstructing public ways, or causing visual barriers which create vehicular traffic or pedestrian safety hazards.
(19) In residential districts, trash or garbage containers which are left on the sidewalk, the area between the street and sidewalk, in the front or side yard, or on an unenclosed front porch or steps, except as permitted by this code for trash and garbage collection purposes.
(20) Building materials stored in a residential district beyond the term of the building permit for which the materials were purchased, or for which no permit has been issued.
(21) Any furniture, equipment, or appliance not originally designed or manufactured for outdoor use or any furniture that is allowed to remain outside any building or on an unenclosed porch. Any equipment or appliance which was originally designed or manufactured for outdoor use, which is now dilapidated or deteriorated that is allowed to remain outside any building or on an unenclosed porch.
(22) Any use of citizens band radio equipment in a manner not authorized by the Federal Communications Commission or unauthorized operation of citizens band radio equipment on a frequency between 24 MHZ and 35 MHZ.
(23) Cob piles, sawdust piles, or rubbish piles of any description.
(24) Grass, weeds, or other rank vegetation growing to a height exceeding eight inches.
(25) The obstructing or encumbering by any means whatsoever the private ways and the public streets, alleys, and places so as to create a physical threat to the public.
(26) Billboards, signboards, and advertising signs, whether erected or constructed on public or private property or overhanging branches or vegetation, which so obstruct and impair the view of any portion of a public street or alley of the town as to render dangerous the use thereof.
(27) All billboards, signboards, and advertising signs in excess of 150 square feet placed after September 11, 2003.
(Ord. 2001-1, passed 11-6-01; Am. Ord. 2003-3, passed 8-5-03; Am. Ord. 2012-8, passed 6-5-12)