4-1-1: DEFINITIONS:
GRAFFITI: Any inscription, work, figure, symbol, drawing, mark, or design that is marked, etched, scratched, drawn, or painted on any real or personal property or improvement, including, but not limited to, walls, fences, gates, pavement, buildings, rocks, trees, bridges, streets, sidewalks, and/or signs, whether such property is public, private, temporary, or permanent, without the consent of the owner of such property or the owner's authorized agent, and which inscription, work, figure, symbol, drawing, mark, or design is visible from any publicly accessible location.
JUNK VEHICLE: Any vehicle, or parts thereof, which:
   A.   Cannot be safely operated under its own power;
   B.   Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders;
   C.   Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or
   D.   Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition.
This definition shall not include junk vehicles lawfully stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise.
NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or customary use of public or private property; or creates an actual or potential safety, health, or fire hazard. Nuisances shall include, but shall not be limited to conditions designated as abatable nuisances and as general nuisances as enumerated in this chapter.
  Abateable Nuisance: Nuisance conditions that may be abated by the City in accordance with the provisions of this chapter, specifically including, without limitation, the following nuisance conditions:
   A.   Nuisance weeds.
   B.   Graffiti, on any surface.
   C.   Snow or ice on any public sidewalk abutting or adjoining any privately owned premises.
   D.   Vegetation, including trees, that impedes or obstructs a public sidewalk or roadway.
  General Nuisance: Nuisance conditions that may lead to criminal charges without any prior attempt by the City to obtain abatement thereof, specifically including, without limitation, the following nuisance conditions:
   A.   Nuisance materials on the ground.
   B.   Personal property on any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the City or other governing authority.
   C.   One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to title 8 of this Code.
   D.   Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition.
   E.   Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition.
   F.   Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property.
   G.   The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises.
   H.   Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property due to increased fire hazard or other hazard.
   I.   Any nuisance condition not otherwise enumerated in this chapter.
NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including, but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides. This definition shall not include the incidental leakage of nuisance materials from registered vehicles lawfully moving or parked upon a public right-of-way; the lawful application of pesticides or herbicides for purposes of controlling pests or weeds; or activity otherwise specifically allowed by law or by written permit issued by the City or other governing authority.
NUISANCE WEEDS: Undesirable plant growth, whether living or dead, which:
   A.   Is over eight inches (8") in height;
   B.   By reason of size, manner of growth, location, or dryness, constitutes a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property;
   C.   By reason of size, manner of growth, or location, impedes or obstructs a sidewalk or roadway or any portion thereof; or
   D.   Is designated as a noxious weed by the State of Idaho.
This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate. (Ord. 784, 9-26-2017)