The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of the following items, conditions or actions are declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive;
(a) Turf, grass, weeds and other rank vegetation living or dead, the height of which exceed six (6) inches above ground level on a developed lot and ten (10) inches above ground level on an undeveloped lot. The failure of any property owner to cut turf grass, weeds, or other rank vegetation, living or dead, on his or her property shall be evidence that the property owner is maintaining a nuisance.
(1) The growing of taller grasses/plants constituting the “rough” area of a golf course shall be exempt from the height regulation stated above so long as the grasses/plants in such “rough” areas shall be native species.
(2) Buffer areas along creeks, streams, ponds and lakes shall be exempt from the height regulations stated above as such areas are used to filter storm water runoff before it enters creeks, streams, ponds and lakes. Such buffer areas shall be limited to a maximum of twenty-five feet (24') in width.
(3) Taking into consideration topography and existing forestry areas tracts of undeveloped land are also exempt from the height regulations above under the following conditions. For such undeveloped parcels of less than one (1) acre, a strip of land at least 10 feet (10') in width is subject to the regulations in paragraph (a) above where they border residential and/or commercial properties. For parcels larger than one (1) acre that border occupied residential and/or commercial properties, a strip of land at least twenty-five feet (25') in width is subject to the regulations in paragraph (a) above.
(4) Swales and drainage ways leading to any body of water or area designed to hold water and storm sewer inlets are also exempt from the height regulations stated in paragraph (a) above so long as the swale or drainage way is functioning properly.
(5) Areas classified as state and/or federally protected wetlands are exempt from these regulations.
(b) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
(c) Any condition which provides harborage for rats, mice, snakes and other vermin.
(d) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
(e) Any of the following noises and/or noise conditions, namely:
(1) Radios, television sets, musical instruments, live bands or disc jockeys, compact disc, tape or record players, amplifiers and similar devices: Operating any such device between the hours of 10:00 p.m. and 7:00 a.m. Monday through Thursday, and 11:00 p.m. and 7:00 a.m Friday, Saturday and Sunday as to be plainly audible across property boundaries or through partitions common to two (2) separate dwelling units shall be unlawful.
(2) Domestic power tools: Operating any mechanically powered saw, drill, sander, grinder or other tool, lawn or garden tool, lawn mower, or similar device used outdoors or indoors between the hours of 10:00 p.m. and 7:00 a.m, as to be plainly audible across property boundaries or through partitions common to two (2) separate dwelling units shall be unlawful.
(3) Commercial construction: Operating any tool or equipment used in construction, drilling or demolition between the hours of 8:00 p.m. and 7:00 am. as to be plainly audible across property boundaries or through partitions common to two (2) separate dwelling units shall be unlawful. Further, no commercial construction noise shall be permitted on Sundays or holidays.
(4) Horns and signaling devices: Operating a horn or other audible signaling device on any motor vehicle except in an emergency or when required by law shall be unlawful.
(5) Residential noisy parties or gatherings: Hosting any party or gathering between the hours of 10:00 p.m. and 7:00 a.m. Monday through Thursday and 11:00 p.m. and 7:00 a..m. Friday, Saturday and Sunday giving rise to noise that is plainly audible across property boundaries or between partitions common to two (2) separate dwelling units shall be unlawful.
(6) Motor vehicles: It shall be unlawful for any person to operate a light motor vehicle which causes excessive noise as a result of a defective or modified exhaust system or as a result of an unnecessary rapid acceleration, deceleration, engine revving or tire squealing. It shall be unlawful to operate audio equipment within a vehicle which is plainly audible within twenty five (25) feet of the audio device.
(7) Stationary source: It shall be unlawful for any person to cause the sound pressure level to exceed the limits listed below at any point on the boundary of the property where the person is located.
a. If a person is located within a residential zone: fifty-five (55) DBA at all times.
b. If the person is located within a commercial zone: sixty (60) DBA at all times.
c. If the person is located within an industrial zone: sixty-five (65) DBA at all times.
d. If the property boundary lies between two (2) zones, the lower limits shall apply regardless of the zone in which the person creating the noise is located.
(8) Emergency work exempted: Noise caused in the performance of emergency work for the immediate safety, health, or welfare of the community or individuals of the community or to restore property to a safe condition shall not be subject to the conditions of this Section.
(9) Definitions:
a. Stationary source: A fixed, non-mobile source.
b. Plainly audible: Any sound that can be detected by a person using his/her unaided hearing faculties.
c. Decibel (DB): A unit for describing the amplitude of sound as measured on a sound level meter.
d. Decibel meter: A device used to measure the intensity of sound.
(f) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
(g) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(h) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery industrial wastes or other substances.
(i) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained.
(i) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
(k) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
(l) The obstruction of any public street, road or sidewalk.
(m) The obstruction of any dedicated easement.
(n) The alteration of the flow of storm water to the detriment of surrounding property.
(o) The public exhibition of lewd films and the sale of obscene publications.
(p) Any junk vehicle. For the purposes of this Article a “junk vehicle” shall be defined as a motor vehicle, or a part or parts from a motor vehicle, which meets any one of the following qualifications:
(1) It does not carry the current state registration (license plates);
(2) It cannot be safely operated under its own power;
(3) It is not carried on the most recent tax records of the county assessor's office.
(4) It is not the property of and is not located in a licensed junkyard.
(q) The discharge of any liquid onto the property of other person including but not limited to the discharge of any water as the result of the draining of a swimming pool or the operation of a sump pump. (Ord. No. 92-9, § 2, 3-10-92; Ord. No. 2000-22, § 1, 11-21-00; Ord. No. 2003-11, 5-20-03; Ord. No. 2012-01, § 1, 2-9-12; Ord. No. 2013-01, § 1, 3-14-13)