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As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
ABANDONED VEHICLES: Vehicles constituting a nuisance are prohibited. No person shall abandon or leave any vehicle upon any private property, public property or roadway for such time and under such circumstances as to cause such vehicle to become a nuisance. A vehicle, including but not limited to motor vehicles, trailers, campers and camper trailers, that is upon public or private property and which meets any of the following criteria, is an abandoned vehicle:
A. When any vehicle with any of the tires of the main wheels are deflated or removed for a period of more than twenty (20) days.
B. When the vehicle is totally or partially suspended off the ground by jacks, blocks, or other lifting devices for a period of twenty (20) days or more.
C. When the vehicle's windshield or window glass is broken out, door, hood, trunk, or running gear removed, or with more than fifty percent (50%) of the interior removed for twenty (20) days or more.
D. When current license plates or valid temporary permits are not displayed on such vehicle; provided, that this shall not apply to vehicles in the possession of licensed dealers for purpose of sales at the place licensed for such sale.
E. When a vehicle is inoperable and/or any part of the mechanism of the vehicle has been removed so as to render the vehicle inoperable other than for repair.
GARBAGE AND TRASH: The presence of trash is defined as to include, but not be limited to, wire, bottles, broken glass, dead weeds, stumps, brush, shoes, discarded parts, appliances, equipment, yard trimmings, discarded building materials, paper and cloth products, ash, wood, glass, metal, cloth, leaves, hay/alfalfa, and solid wastes resulting from industrial and manufacturing processes. Also, any other material, manmade or organic, that is considered a breeding ground for rodents and pests living in and/or feeding in the area, as these are considered a health risk. Also included is any material considered to be a fire hazard.
JUNK: The presence of junk, which is defined to include lumber, barrels, metals, discarded appliances, or any worn, cast off, or discarded articles, and materials which are ready for destruction or have been collected and stored for salvage or conversion to some other use. Any article of material which, unaltered or unchanged can be used as readily as when new shall not be considered junk. Any and all portions of disabled vehicles, not being used for the repair of a vehicle within twenty (20) days shall be considered junk.
OBSTRUCTIONS: Any item including, but not limited to, bushes, hedges, trees, fences, walls, or structures which impede the view of a driver of a vehicle, or which hinder the passage of pedestrians on sidewalks, alleyways, and streets shall be deemed a nuisance.
WASTES: Wastes resulting from the handling, preparation, cooking, or consumption of foods; wastes from the handling, storage and sale of produce; any other matter whatsoever that may decompose and become foul, offensive, unsanitary or dangerous to the health. Domestic composting shall not be considered a nuisance unless shown to be a breeding ground for rodents or pests or a health hazard.
WEEDS AND GRASSES: All weeds defined as noxious by the Wyoming Board of Agriculture or the Wyoming Weed and Pest Council, and all weeds or tall grasses within the Town limits, which exceed a height of twelve inches (12") are a nuisance unless cultivated for aesthetic purposes. Trees, flowers, or other ornamental plants are not to be considered a nuisance except as they may constitute obstructions. (Ord. 02-10-003, 1-2-2002)
A. Authority To Move: Whenever an abandoned vehicle is found parked on a Town street, on a public highway, or in an alleyway, the police are authorized to move such vehicle, or to require the driver, owner, or other person in charge of the vehicle to move the same.
B. Responsibility For Expenses: The registered owner of any vehicle moved pursuant to subsection A of this section shall be responsible for all expenses of moving, including, but not limited to, towing and storage. (Ord. 02-10-003, 1-2-2002)
The accumulation or storage of any of the items defined in section 3-1-2 of this chapter on public or private property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create harborage for insects, rodents, skunks, and other vermin, and to be injurious to the health, safety, and general welfare of the public. Therefore, the presence of any of these items on public or private property is declared to constitute a public nuisance which must be removed as such in accordance with the provisions of this chapter. (Ord. 02-10-003, 1-2-2002)
The owner and/or occupant of any premises shall be liable for compliance with this chapter, and if such person shall disregard or refuse to comply with the provisions of this chapter, within five (5) days of the receipt of such notice requiring the removal of the offending item(s), shall be considered in violation of this chapter and issued a citation in accordance with section 3-1-6 of this chapter. (Ord. 2017-007, 7-18-2017; amd. Ord. 2019-004, 8-6-2019)
In the event the owner, agent or occupant fails to comply with the written notice within (5) five days, or if the owner, agent or occupant receives a second written notice for the same or similar offense as specified in section 3-1-5 of this chapter within any three hundred sixty five (365) day period, the owner, agent or occupant shall be charged with violating this chapter by issuance of a citation for a misdemeanor and penalty of the minimum fine and court costs as set forth in section 3-1-8A. of this chapter. (Ord. 2017-007, 7-18-2017; amd. Ord. 2019-004, 8-6-2019; Ord. 2020-003, 4-21-2020)
In the event the property owner is convicted of violating this chapter, an order to abate a nuisance shall be issued, in writing, and shall specify the location and nature of the nuisance and the identity of the property owner or occupant. The order shall specify the time within which the nuisance must be abated. If the property owner cannot be found or refuses to accept service of the order, the order may be served by posting it upon the subject property. (Ord. 02-10-003, 1-2-2002)
A. Misdemeanor: Any person convicted of violation of this chapter is guilty of a misdemeanor which is punishable by a maximum possible fine of seven hundred fifty dollars ($750.00) and ten dollars ($10.00) court costs, with a minimum fine of three hundred dollars ($300.00).
B. Civil Contempt: If the property owner fails to comply with an order of abatement, the court may also assess a fine for civil contempt in an amount of not more than two hundred dollars ($200.00) per day of noncompliance (whether the nuisance was abated by the property owner after the time limits expired, or remains unabated) for each day that the nuisance continued unabated after the time limits specified in the order of abatement until the removal was completed.
C. Costs Of Abatement: In the event the Municipality seeks the imposition of fees for the costs of abatement, a copy of the petition shall be served upon the property owner by ordinary mail and a hearing date set to determine the appropriate amount of fines or charges. (Ord. 02-10-003, 1-2-2002; amd. Ord. 2020-003, 4-21-2020)
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