A. Nuisances Affecting Public Health: No person shall cause or permit a nuisance affecting public health on property owned or controlled by the person. The following are nuisances affecting public health and may be abated, as provided in this chapter:
1. Open vaults or privies constructed and maintained within the county, except those constructed and maintained in connection with construction projects in accordance with health department regulations.
2. Accumulations of debris, rubbish and other refuse which are not removed within a reasonable time and which affect the health of the county.
3. Stagnant water that affords a breeding place for mosquitoes and other insect pest.
4. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes, or other substances placed in or near the water in a manner which will cause harmful material to pollute the water.
5. Decayed or unwholesome food offered for human consumption.
6. Premises that are in such a state or condition as to cause an offensive odor or that are in an unsanitary condition.
7. Drainage of liquid wastes from private premises.
8. Cesspools or septic tanks that are in an unsanitary or unsafe condition or that cause an offensive odor.
9. The deposition of an animal carcass, or part thereof, or any excrement or sewage, industrial waste or any putrid, nauseous, decaying, deleterious, offensive, or dangerous substance in a stream, well, spring, brook, ditch, pond, river or other inland waters within the county, or the placing of such substances in such position that high water or natural seepage will carry the same into such waters.
10. Open burning, if not in accordance with chapter 3 of this title, and amendments thereto. (1998 Code § 8.16.040)
B. Nuisances Affecting Public Safety: No person shall create a public safety hazard by:
1. Maintaining or leaving, in a place accessible to children, a container with a compartment of more than one and one-half (11/2) cubic feet capacity and a door or lid that locks or fastens automatically when closed and which cannot be easily opened from the inside.
2. Being the owner or otherwise having possession of property on which there is a well, cistern, cesspool, excavation or other hole of a depth of four feet (4') or more and a top width of six inches (6") or more and failing to cover or fence it with a suitable protective construction.
3. Maintaining any building, structure or premises which is unfit for human habitation, or which is an unreasonable hazard to the health of people residing in the vicinity thereof, or which presents an unreasonable fire hazard to the vicinity where it is located.
4. Maintaining any building, structure or premises contrary to the provisions of any building, electrical, plumbing, mechanical, fire, housing or dangerous building code adopted by the county.
5. Maintaining any building, structure or premises in an abandoned, partially destroyed or unreasonable state of partial construction. An "unreasonable state of partial construction" is defined as any unfinished, abandoned or damaged building or structure where the appearance or other conditions cause visual blight, are offensive to the senses, create a harborage for rodents or pests, or detrimentally affect property in the vicinity.
6. Maintaining any building, structure or premises having dry rot, warping, termite infestation, decay, excessive cracking or peeling as to render the building or structure unsightly or in a state of disrepair.
7. Maintaining any building or structure with missing doors and/or windows, or doors and/or windows with broken glass. (1998 Code § 8.16.050)
C. Attractive Nuisances; Exception:
1. No owner or person in charge of property shall permit on the property:
a. Unguarded machinery, equipment or other devices that are attractive, dangerous and accessible to the public.
b. Lumber, logs, or pilings placed or stored in a manner so as to be attractive, dangerous and accessible to the public.
c. Abandoned, vacant and unsafe houses that are attractive, dangerous and accessible to the public.
d. Abandoned, vacant and unsafe vehicles that are attractive, dangerous and accessible to the public.
2. This subsection does not apply to authorized construction projects with reasonable safeguards to prevent injury or death to the public. (1998 Code § 8.16.060)
D. Noxious Weeds: No owners or persons in charge of real property shall allow noxious weeds on their property. Noxious weeds, as defined in section 3-5-1 of this title, are declared a nuisance. (1998 Code § 8.16.070)
E. Scattering Rubbish: No person shall deposit, on public or private property, rubbish, trash, debris, grass clippings, tree limbs or refuse, or any substance which would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property, or would be likely to injure a person, animal or vehicle traveling on a public way. (1998 Code § 18.16.080)
F. Trees And Vegetation:
1. No owner or person in charge of property that abuts a public road shall permit trees, bushes, brush, limbs, shrubbery, flowers or other vegetation on the property to interfere with traffic or impair the visibility of official traffic control signs. An owner or person in charge of property, which abuts on a road, shall keep all trees and bushes on the premises trimmed so that any overhanging portions are at least eight feet (8') above the ground level and at least thirteen feet six inches (13'6") above the roadway surface.
2. No owner or person in charge of property shall allow a dead or decaying tree to stand if it is a hazard to the public or to persons or property on or near the property.
3. The property owner is responsible for the timely removal of leaves and tree limbs which fall onto the public right of way. No owner or person in charge of property shall sweep or rake grass clippings, leaves or tree limbs onto the public right of way.
4. No owner or person in charge of property shall allow any fence, structure or vegetation to create a hazard for motorists. (1998 Code § 8.16.090)
G. Noise Disturbances:
1. The following acts are declared to be violations of this subsection, but such enumerations shall not be deemed to be exclusive:
a. Parking a motor vehicle with the motor or auxiliary equipment in operation on a public right of way or on private property between the hours of nine thirty o'clock (9:30) P.M. and seven o'clock (7:00) A.M., if the noise so produced is plainly audible within a dwelling unit. This subsection shall not apply to: county or publicly owned vehicles or equipment; commercial construction equipment; the normal operation of commercial or private vehicles designed and used for transportation of passengers; or to other commercial or private vehicles being loaded or unloaded, including sanitation and waste disposal vehicles.
b. The use of a motor vehicle, motorcycle or motorized vehicle, whether or not designed for use on public roads, at any time or under any condition of grade, load, acceleration, deceleration, movement, or at rest, whether or not in repair or operated in such manner as to create loud or unnecessary grating, grinding, rattling, motor winding, squealing, screeching or other tire noise, or any other unnecessary noise.
c. The sounding of any horn, gong, siren, or signal device on any automobile, motorcycle or other vehicle on any street, except as a necessary warning of danger to property or person or as permitted to be used by authorized emergency vehicles or in connection with work being done by authorized agencies.
d. The use of any mechanical device, operated by compressed air, steam, gasoline or otherwise, unless the noise created is in connection with work being done by authorized agencies or an agricultural activity and/or is effectively muffled between the hours of nine thirty o'clock (9:30) P.M. and seven o'clock (7:00) A.M.
e. In other than residential areas, the erection, including excavation, demolition, alteration or repair, of any building or structure, other than between the hours of seven o'clock (7:00) A.M. and nine thirty o'clock (9:30) P.M., except by special permit granted by the county sheriff or designee. The same standards shall apply in residential zones, except that such work will not commence before eight o'clock (8:00) A.M. on Saturday and nine o'clock (9:00) A.M. on Sunday, and the following legal holidays: New Year's Day (January 1); Martin Luther King Jr. Birthday (the third Monday in January); Presidents' Day (the third Monday in February); Memorial Day (the last Monday in May); Independence Day (July 4); Pioneer Day (July 24); Labor Day (the first Monday in September); Veterans Day (November 11); Thanksgiving Day (the fourth Thursday in November); Christmas Day (December 25); and Friday, when any of the above holidays fall on the succeeding Saturday. The county sheriff may grant an exception to a person from this subsection if the county sheriff determines that the public interest requires it.
f. The use or operation of any device designed for sound production or reproduction, including, but not limited to, any radio, television set, musical instrument, stereophonic equipment, phonograph, loudspeaker, sound production or reproduction device, bell, drum or chime, between the hours of nine thirty o'clock (9:30) P.M. and seven o'clock (7:00) A.M. so as to be plainly audible within any dwelling unit which is not the source of the sound, or use of such equipment on public property or on a public right of way so as to be plainly audible fifty feet (50') or more from the source of the sound. The county sheriff may grant an exemption from this subsection to allow a person reasonable use of public property or the right of way to broadcast music or speech.
g. The gathering of any number of persons upon premises, either public or private, and the creation of excessive noise from the collective voices of such persons between the hours of nine thirty o'clock (9:30) P.M. and seven o'clock (7:00) A.M. "Excessive noise" means noise that is plainly audible within any dwelling unit that is not the source of the sound.
2. Before a violation of this subsection is enforced, the person or persons who create or assist in creating the excessive noise shall be warned or requested by any person, either in writing or orally, to cease, reduce or otherwise bring down the level of the sound. (1998 Code § 8.16.100)
H. Radio And Television Interference:
1. No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.
2. This subsection does not apply to devices licensed, approved and operated under the rules and regulation of the federal communications commission. (1998 Code § 8.16.110)
I. Junk:
1. No person shall keep junk outdoors on a road, lot or premises, or in a building, which is not wholly or entirely enclosed, except for doors used for ingress and egress.
2. The term "junk", as used in this subsection, includes all inoperative motor vehicles, motor vehicle parts, abandoned automobiles and vehicles, machinery, machinery parts, appliances or appliance parts, iron or other metal, glass, paper, lumber, wood, or other waste or discarded material.
3. This subsection does not apply to junk kept in a licensed junkyard, recycling center or automobile wrecking house. (1998 Code § 8.16.120)
J. Notices And Advertisements:
1. No person shall affix or cause to be distributed any placard, bill, advertisement or poster upon any real or personal property, public or private, without first securing permission from the owner or person in charge of such property. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the county regulating the use and location of signs and advertising.
2. This subsection shall not be construed to prohibit the distribution of material during any parade or public gathering. (1998 Code § 8.16.130)