For the purpose of this chapter, the following definitions shall apply unless the context clearly 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.
LIVESTOCK. Cattle, sheep, swine, goats, horses, mules, asses, llamas, alpacas, bison, ostriches, rheas, emus and domestic ungulates (hoofed mammals).
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.
PERSON. Any individual, firm, partnership, company, association, corporation, governmental entity or other private entity, whether organized for profit or not.
POULTRY. Includes all chickens, turkeys, geese, ducks and other birds raised in domestication to produce food or feathers.
PUBLIC NUISANCE.
(1) (a) 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.
(b) 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 division (1)(a) above:
1. 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;
2. 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 or to a licensed motor vehicle graveyard, as defined by MCA § 75-10-501;
3. 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;
4. 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;
5. 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;
6. Maintaining, or causing or permitting the same on any lot or other parcel of land, any building or premises which is determined to be dangerous or dilapidated. 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:
a. Broken or missing window or windows which have remained in such condition for a period exceeding 15 days;
b. Broken or missing exterior door or doors which have remained in such condition for a period exceeding 15 days;
c. Holes in the roof or exterior walls, other than normal construction, which have remained in such condition for a period exceeding 15 days; or
d. Fire or other casualty damage in public view which remains unrepaired for a period exceeding six months.
(c) A building which is undergoing construction or remodeling for which a valid building permit has been issued by the city shall not be deemed in violation of this division (1)(c) so long as work thereon is prosecuted with reasonable diligence and so long as the building permit has not expired.
(d) Any premises where persons gather for the purpose of engaging in unlawful conduct.
(e) A condition which renders dangerous for passage any public highway or right-of-way or waters used by the public.
(2) 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.
(3) Any act which affects an entire community or neighborhood or any considerable number of persons (as specified in division (1)(a) is no less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.
(4) This section shall be applicable in and enforced on all classifications of property listed under Title 11, pertaining to zoning.
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.
(Prior Code, § 7.01.010) (Ord. 150, passed 6-18-2012)
Statutory reference:
Livestock, see MCA § 15-1-101