(A) Junked motor vehicles. The presence of any junked motor vehicle on public property or on any private lot, tract or parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the city shall be deemed a public nuisance, and shall further be considered rubbish or refuse, and it shall be unlawful for any person to cause or maintain such public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning or discarding any motor vehicle or appliance on the real property of another or to suffer, permit or allow a junked motor vehicle or appliance to be parked, left or maintained on his or her own real property, provided that this provision shall not apply with regard to:
(1) Any motor vehicle or appliance in an enclosed building;
(2) Any motor vehicle or appliance on the property of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or
(3) Any motor vehicle or appliance on property occupied and used for repair, reconditioning and remodeling of motor vehicles or appliances in conformance with the zoning code of the city and county.
(B) Liability for damages to removed vehicle. Neither the owner or occupant of the property/vehicle from which any aforesaid junked motor vehicles shall be removed, their employees, servants or agents, or any department of the city, or its agents or employees, shall be liable for any loss or damage to the junked motor vehicle while being removed or as a result of any subsequent sale or other disposition.
(C) Compliance by removal of vehicle. The removal of a junked motor vehicle from the property within the number of days required in the notice of violation issued by the code enforcement officer shall be deemed to be compliance with the provisions of this chapter and no further action shall be taken against the owner of the junked motor vehicle or appliance or the owner or occupant of the property.
(D) Right of entry. In the enforcement of this chapter, a code enforcement officer, and his or her duly authorized agents, assistants, employees, or contractors may enter upon private or public property to examine a junked motor vehicle or appliance, or obtain information as to the identity of a junked motor vehicle or appliance and of the owner thereof, and to remove or cause removal of a junked motor vehicle or appliance declared to be a nuisance pursuant to this chapter.
(E) Other miscellaneous nuisances. It shall be unlawful for the owner, occupant or person having control or management of any real property within the city to permit a public nuisance to develop thereon. The following conditions are declared to be public nuisances:
(1) Accumulation of rubbish and construction, demolition, landscaping debris and other waste materials. An accumulation on any property of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any street, sidewalk, or property of another. Further, all exterior property and premises shall be free from any accumulation of combustible and noncombustible waste materials, including any material resulting from maintenance, demolition, repair, alteration or construction of buildings, structures or grounds. Exterior property and premises shall be free from landscaping debris or natural damage of grounds, including, but not limited to ashes, stones, glass, concrete, unused piles or bags of rock/mulch/soil, fallen trees, tree branches, limbs, brush and yard trimmings.
(2) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.
(3) Weeds and grass. The excessive growth of weeds, grass, or other vegetation, except flowers, trees, shrubs, or other ornamental vegetation, which are properly maintained. Noxious weeds shall be prohibited regardless of height. Unless otherwise provided, "excessive" shall mean growth to a height of ten inches or more.
(4) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private property in any open or unfenced lot or place.
(5) Accumulation of refuse/trash and scattered garbage. No person shall store or permit the accumulation of refuse/trash, unless such refuse/trash is kept separately in standard refuse/trash containers or dumpsters which are covered by solid, tight-fitting lids and which have no uncovered holes, and the storing or permitting the accumulation of refuse and trash for which removal of refuse and trash is not provided is prohibited. Further, no person shall allow, permit or maintain the throwing, placing or scattering of any garbage, rubbish, trash or other refuse over or upon any premises, or the allowing of any scattered garbage, rubbish, trash or other refuse to remain on a property. No refuse/trash shall be stored or accumulated in a manner that allows for blowing or scattering onto adjacent properties.
(6) Solid waste/trash/recyclables container. The location of any solid waste container in the front yard or driveway of any lot or parcel of real estate in the city at any time other than that period of time that begins at 12:00 noon on the day before the day that solid waste/recyclables are scheduled by the waste hauler for collection from that real estate and ends at 12:00 noon on the following day.
(7) False alarms. The making, causing to be made, or allowing (intentionally or by and through an alarm system installed in or on a property owner's real estate) a false alarm more often than one time per calendar month, directly or indirectly, to any law enforcement agency, fire department, emergency medical service (EMS), or any emergency response agency responding to alarms.
(8) Furniture/clutter. Allowing clutter or furniture onto a porch, patio, balcony, deck, yard, or other exterior areas of a residence, or blowing onto or for any reason causing clutter to be deposited on public property or property of another in the city. Provided, however, that furniture designed and manufactured for outdoor use described as weather resistant and flame retardant is permitted.
(9) Panhandling/soliciting contributions. No person or organization shall panhandle, beg, solicit funds or accept donations on or over any public street, road, alley or sidewalk. For purposes of this division (E)(9), "panhandle, beg, solicit funds or accept donations" shall mean the employment of the spoken, written or printed word or other acts as are conducted in the furtherance of the purposes of immediately collecting money or any other item of value for the use of one's self or others. As used herein, "solicit," and its forms, includes begging and panhandling.
(10) Removal of shrubs and overhanging branches.
(a) It shall be unlawful for owners of property which abuts city or county roads, streets, sidewalks, alleys and other public rights-of-way to allow bushes, weeds, shrubs, overhanging branches or limbs growing on their property or other objects to encroach upon said public rights-of-way, including, but not limited to streets and sidewalks, that could cause damage to streets or sidewalks, or that causes an obstruction to drainage or poses a danger to life, limb or property of persons using the streets, sidewalks or rights-of-way. No person shall allow any dead tree adjoining public sidewalks or rights-of-way.
(b) Every owner and/or manager of lands bordering on the public rights-of-way within the city or county shall clear away and carry away from on or alongside the roads, streets and alleys, and other public rights-of-way all bushes, weeds, shrubs and overhanding branches of trees and all other obstructions, and keep any limbs or branches from hanging down into the public roadway at a minimum height of 15 feet above said surface.
(11) Obstructions and encroachments on streets; playing sports and/or athletic games on streets; and visual obstruction of streets.
(a) No person shall erect or maintain any obstruction across or upon any street, road, alley, sidewalk or public right-of-way of the city or county without the consent and written approval of the City Manager. For the purposes of this section, obstructions shall include, but not be limited to, any house, fence, wall, building, structure of any kind, or any post, rail, basketball goal, or other fixed, portable, or temporary object that may in any way obstruct, either totally or partially, any street, alley, sidewalk or public right-of-way.
(b) This section shall not prohibit canopies and building overhangs, provided that such canopies and overhangs are attached to a principal building and are not freestanding or require an independent support structure, and comply with the zoning ordinances and regulations of the city and county. Retaining walls may be permitted pursuant to this section if, in the opinion of the City Manager, code enforcement officer, or Building Inspector, such retaining wall is necessary to either protect the safety of persons or to preserve private property rights, provided that the placement or replacement of any retaining wall or structure is carried out in accordance with the zoning ordinances and regulations of the city and county. Nothing in this section shall prevent the reasonable use of the streets, roads, alleys or sidewalks for the purposes of receiving, shipping or delivering goods or merchandise or other articles for family use.
(c) No person or entity shall engage in play or athletic games on or abutting public streets, roads, sidewalks, or rights-of-way within the City of Franklin and County of Simpson in such manner as to impede or obstruct vehicular or pedestrian traffic.
(d) No person shall permit any hedge, shrubbery, fence, structure, object or other visual obstruction on any lot to prohibit proper sight distance to such an extent it presents a hazard to persons or property using the sidewalks, streets, rights-of-way, or other public ways adjacent to such property.
(12) Street address numbers. All persons owning property within the city shall post their street address number on the front of their commercial or residential building, on the front side of each building, as close to the front entrance as possible, in numbers clearly visible, and at least three inches in height. The numbers should be posted in such a fashion as to be clearly visible from the road or street, and not obstructed by trees, bushes, signs or similar objects.
(13) Posters on utility poles. No person shall nail, tack, paste or place in any manner whatsoever, bills, posters, or advertisements upon any telephone or utility pole.
(14) Nauseous substances or odors. No person shall permit any manure, rubbish or filth, animal carcass, decaying animal or vegetable matter, excessive animal excrement or any foul or nauseous substance, or nauseous or offensive odor to be emitted or to be discharged out of or flow from the premises.
(15) Standing or stagnant water. All standing or stagnant water in which mosquitoes, flies or other insects can multiply, or which causes nauseous or offensive odor.
(16) Attractive nuisances. No person shall allow of any physical condition, use or occupancy of any property or premises to be an attractive nuisance to children, or for illicit purposes, crime, drugs and/or vagrancy, including, but not limited to abandoned buildings, vacant lots, wells, shafts, standing pools of water, sinkholes, basements, excavations, retaining walls, and unsafe fences. Refrigerators, freezers, ice chests, ice boxes or any similar airtight box or container at an outdoor location which has a locking device inoperable from within, shall first unhinge and remove the door or lid and detach the locking device from the door or lid. Refrigerators, freezers, ice chests, or ice boxes in use at an outdoor location shall be equipped with an exterior locking device to prevent unintended access.
(17) Graffiti. No person shall allow any graffiti to remain on a property or premises.
(18) Hoarding of materials. No person shall allow the accumulation of materials, trash, food, newspapers, magazines, old clothes and other items that create a serious fire or health hazard that can cause disease, contribute to vermin and/or insect infestations, affect the occupants of the building, neighbors, public safety personnel and the general public, or contribute to an unsanitary environment unfit for human habitation.
(19) Tires. The outdoor storage of unused, scrap or waste tires in any amount is deemed a hazard to public health and safety and a fire hazard, and is prohibited within the city limits, except on premises authorized by the city for such purposes. Further, unused, scrap or waste tires shall not be placed at the curb or placed with refuse awaiting collection and shall be properly recycled or disposed of by the owner.
(20) Compost piles. All compost shall be contained to compost bins and all material included in the bin shall originate from the property where it is located. Compost bins must not exceed 125 cubic feet and must be made of permanent materials, including but not limited to wood, fiberglass, wire or metal. Compost bins should be constructed to prevent the harborage of rodents and insects and to mitigate noxious odors. Compost bins are not allowed in the front or side yards and must be at least five feet from the property line with a maximum of three bins per residence.
(21) Junk; scrap metal. No person shall allow the storage of motor vehicle parts, storage tanks, refuse/trash containers not being served by garbage collection franchisees, junk machinery, machinery parts, abandoned, discarded or unused appliances, objects neglected and not being used for their intended purpose, unused containers, objects or equipment in unusable condition such as stoves, refrigerators, washers, dryers and similar equipment, or scrap metal within the city limits, except on premises authorized by the city for such purposes.
(22) Fences and walls. All fences and walls shall be structurally sound and maintained in good repair. Repair of fences and walls shall be made with materials that are comparable in composition, color, size, shape, design and quality to those originally used to construct the fence or wall being repaired. Materials for new fence or wall construction shall be insect and/or weather resistant or have protective treatment applied. Materials such as pallets, slabs, reclaimed or repurposed construction refuse, or similar materials are not an acceptable construction material.
(23) Parking in yards. The parking or storage or allowing another to park or store a motor vehicle in the front, side or rear yard of any property upon any surface other than an improved parking surface.
(a) For the purposes of this section MOTOR VEHICLE is defined as a licensed means of motorized transportation for the movement of people and goods along public roadways including, but not limited to cars, trucks, vans, RVs and motorcycles.
(b) Trailers of all types, including travel, boat, camping and hauling, may be parked or stored on back or side yards of residential property without requirement of an improved parking surface, but shall not be parked in front yards upon any surface other than an improved parking surface.
(24) Junk mobile or manufactured homes. No person shall allow one or more mobile or manufactured home or recreational vehicle as defined in KRS 227.550 that is/are junked, wrecked or inoperable and which are abandoned or not inhabited.
(25) Prohibited signs. The following signs are prohibited and shall be subject to immediate removal by the code enforcement official or his or her designee, in addition to issuance of a notice of violation or citation:
(a) Mobile signs;
(b) Abandoned signs;
(c) Any sign which emits noise or odor;
(d) Signs in a public right-of-way; and
(e) 1. Signs located within the sight triangle of any intersection.
2. For purposes of this division (E)(25), "sight triangle" shall mean the minimum area to provide a clear and unobstructed view of approaching traffic.
(26) Trash burning. No person shall burn any rubbish, brush, wood, trash, leaves or any other combustible materials anywhere in the city except as otherwise provided in this chapter. This chapter shall not be construed to prohibit the following:
(a) Wood fires in fireplaces, stoves, heaters, or furnaces safely designed, constructed and installed for such purposes and complying with all applicable laws, ordinances and/or regulations and, notwithstanding any other provisions in this chapter to the contrary;
(b) Outdoor wood fires for recreational or for ceremonial purposes;
(c) Open burning of natural growth on the site of a new building construction only where it can be shown that such open burning is necessary and in the interest of public health. For purposes of this section, "natural growth" shall mean plant life grown and/or growing on the premises only;
(d) Open burning of trees, bushes and/or other plant life in areas zoned A-1 (Agricultural District) or any other agricultural designation, provided any fire ignited in accordance with this section shall be at least 200 feet from any residential, commercial or industrial district; and
(e) Open burning of natural growth or plant life in a designated GARDEN AREA. However, in no event shall any natural growth or plant life that was not grown in the GARDEN AREA be brought in to the GARDEN AREA prior to igniting the fire. GARDEN AREA shall be defined as an outdoor area which is tilled on a regular basis for the purpose of maintaining or growing a plant or vegetable garden.
(f) Any fire not prohibited by this chapter shall only be ignited after permission is obtained from the Fire Chief or his or her designated representative.
(27) Sale and display of merchandise. No person shall sell or offer for sale any goods, wares, merchandise, meats or other edibles, either cooked or uncooked, from any temporary or permanent stand, store or retail location upon any of the streets, sidewalks or other public ways. Further, no person shall place, set or display on sidewalks, streets or public thoroughfares any merchandise, wares, fruits or vegetables for the purpose of sale or advertising. This section shall not prevent the display or sale of such articles at a city, county or Chamber of Commerce sponsored event.
(28) Yard sales.
(a) Definitions. For the purpose of this division (E)(28), the following terms, phrases, words, and their derivations shall have the meaning given herein.
PERSONAL PROPERTY. Shall mean property which is owned, utilized and maintained by an individual or members of his or her residence, or others adding his/her/their personal property to said sale, and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
YARD/GARAGE SALE. Shall mean and include all general sales open to the public conducted from or on any premises in any residential or nonresidential zone as defined by the planning and zoning ordinance for the purpose of disposing of personal property including, but not limited to, all sales entitled GARAGE, LAWN, YARD, ATTIC, PORCH, ROOM, BACKYARD, PATIO, FLEA MARKET, or RUMMAGE SALE. This definition does not include the operation of such businesses carried on in a nonresidential zone where the person conducting the sale does so on a regular day-to-day basis.
(b) Property permitted to be sold. It shall be unlawful for any person to sell or offer for sale, under authority granted by this chapter, property other than personal property.
(c) Permit required. No yard/garage sale shall be conducted until the individuals desiring to conduct such sale obtain a permit from the Building/Codes Enforcement Department or his or her designee. Members of more than one residence may join in obtaining a permit for yard/garage sale to be conducted at the residence of one of them. Permits may be obtained for any nonresidential location on a case-by-case basis.
(d) Permit procedure.
1. Application. The applicant or applicants for a yard/garage sale permit shall file a written application with the Building/Codes Enforcement Department or his or her designee at least three days in advance of the proposed sale setting forth the following information:
i. Full name and address of applicant or applicants;
ii. The location at which the proposed yard/garage sale is to be held;
iii. The date or dates upon which the sale will be held;
iv. The date or dates of any other yard/garage sales by the same applicant or applicants within the current calendar year;
v. A statement that the property to be sold was owned by the applicant as his or her own personal property or complies with the definitions contained herein, and was neither acquired nor consigned for the purpose of resale;
vi. A statement that the applicant will fully comply with this and all other applicable ordinances and laws; and
vii. For a community, subdivision and/or block sale, there shall be at least five homeowners participating. Only one permit is required. There shall be a limit of three per year.
2. Permit fee. There shall be no fee for the issuance of such permit.
3. Issuance of permit. Upon the applicant complying with the terms of this chapter, the Building/Codes Enforcement Department shall issue a permit.
(e) Permit conditions. The permit shall set forth and restrict the time and location of such yard/garage sale. Not more than three such permits may be issued to one residential location, residence and/or family household during any calendar year. If members of more than one residence join in requesting a permit, then such permit shall be considered as having been issued for each and all of such residences. No more than three permits may be issued for any nonresidential location during any calendar year.
(f) Hours of operation. Sales shall only be conducted during daylight hours, and for no more than three consecutive days.
(g) Exceptions.
1. If a yard/garage sale is not held on the dates for which the permit is issued or is terminated using the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the Building/Codes Department shall issue another permit to the applicant for a yard/garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held.
2. A third yard/garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change in ownership of the real property is first presented to the Building/Codes Enforcement Department.
(h) Display of sale property. Personal property offered for sale may be displayed within the residence, in the garage, carport, and/or in a front, side or rear yard, but only in such areas. No personal property offered for sale at a yard/garage sale shall be displayed in any public right-of-way. A vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yard.
(i) Display of permit. Any permit in possession of the holder or holders of such yard/garage sales shall be posted on the premises in a conspicuous place so as to be seen by the public, or any city official.
(j) Advertising. Signs are permitted. Only the following specified signs may be displayed in relation to a pending yard/garage sale:
1. Two signs permitted. Two signs of not more than four feet shall be permitted to be displayed on the property of the residence or nonresidential site where the yard/garage sale is being conducted.
2. Directional signs. Two signs of not more than two square feet each are permitted, provided that the premises on which the yard/garage sale is conducted is not on a major thoroughfare, and permission to erect such signs is received from the property owners on whose property such signs are to be placed.
3. Time limitations. No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence.
4. Removal of signs. Signs must be removed at the close of the yard/garage sale activities.
(k) Persons exempted from chapter. The provisions of this chapter shall not apply to or affect the following:
1. Persons selling goods pursuant to an order of process of a court of competent jurisdiction;
2. Persons acting in accordance with their powers and duties as public officials; and
3. Any sale conducted by any merchant or mercantile or other business establishment on a regular, day-to day basis, from or at the place of business wherein such sale would be permitted by zoning regulations of the city, or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor in which sale would be conducted from properly zoned premises, and not otherwise prohibited by other ordinances.
(Ord. 2016-012, passed 10-10-2016; Ord. 2023-011, passed 2-13-2023)