(A) In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and the statutes of Indiana as a public nuisance may, when found to exist within the town limits, be treated as such and be proceeded against as provided in this chapter, or in accordance with any other provisions of law. Whenever the word nuisance is used in this chapter, it refers to a public nuisance. A nuisance is also defined as whatever is: (1) injurious to health; (2) indecent; (3) offensive to the senses; or (4) an obstruction to the free use of property so as to essentially interfere with the comfortable enjoyment of life or property, is a nuisance, and is subject to the terms of this chapter.
(B) No owner, occupant, tenant, or any other person having a substantial interest in any real or personal property within the town, or agent thereof, shall permit or allow to remain on or within the property or upon public ways abutting the real property any materials, trash, garbage, debris, or any other matter which is detrimental to the public health, comfort, safety, or the anesthetic well-being of the town.
(C) The following conditions shall be considered to constitute public nuisances for the purpose of this chapter; provided, however, this enumeration shall not be deemed or construed to be conclusively limited or restrictive, and is by way of example or illustration:
(1) Litter.
(2) Grass over nine inches high.
(3) Fallen trees, stumps, dead trees, and rotten or decayed firewood.
(4) Boxes, appliances, furniture, household items and tires.
(5) Demolition remains, including, but not limited to, discarded lumber from any sources.
(6) Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the town, including open foundations.
(7) Accumulated garbage and trash and, also, any garbage or trash which is not kept securely in receptacles which are closed at all times except when being filled or emptied.
(8) Structure defaced with paint or wording.
(9) Any portion of real property which emits an unwholesome odor.
(10) Any waste water filth, offal, garbage, rubbish, animal waste, or human excrement which is deposited, allowed, or caused to be upon any public or private property.
(11) Any water or other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage.
(12) Any dead domestic or wild animal.
(13) The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect or pool upon any public property.
(14) Any real or personal property which is infected with contagious disease and is likely to cause an immediate health hazard.
(15) The placing or accumulation on or within any real or personal property, or the permitting of same, of any matter which attracts or may attract rodents, insects, domestic animals, or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition.
(16) Any real or personal property used as a place of residence or habitation for sleeping that is maintained in such a way as to be dangerous or detrimental to life or health due to the lack of or defects in water, drainage, heating, plumbing or ventilation.
(17) Any dilapidated or condemned building, structure, or dwelling that is so out of repair that it constitutes a fire hazard liable to catch on fire or communicate fire to surrounding properties. Also, any dilapidated fence, whether made of wood, chain link, wire, or other fencing material, regardless of whether such fence constitutes a fire hazard.
(18) Any noxious odors, smoke, dust, or noise that emits from the premises into the surrounding atmosphere which creates an uncomfortable condition to surrounding properties.
(19) The storage of explosive, combustible, or other inflammable material which creates a safety or health risk.
(20) Any trees, shrubbery, weeds, snow, fences or other material which obstruct public ways or cause a visual barrier for vehicular traffic.
(21) Any junk automobiles, broken concrete, scrap metals, or automobile parts including, but not limited to, iron, steel, tin, zinc, copper, aluminum, or alloy.
(22) Any growth of weeds, grass or other rank vegetation, including, but not limited to, ragweed, goldenrod, milkweed, Canadian thistle, dandelions, plantain and other broadleaf weeds, buckthorn, poison ivy, poison sumac, and burdock, which is either:
(a) Neglected, disregarded or not adequately managed or controlled, cut, mown, or removed; or
(b) Has attained a height of nine inches or more; or
(c) Is actually or immediately detrimental to the public health, safety, or welfare.
(23) Any animal or vegetable matter, or other substance liable to become putrid, offensive or unhealthy within the town.
(24) All obstructions caused or permitted on any street or sidewalk, or public or private alley to the danger or annoyance or inconvenience of the public, and all stones, dirt, carcases, offal, filth, slop, vegetable matter or other articles thrown or placed by any person on or in any street, alley, sidewalk or other public place which in any way may cause or is liable to cause any injury or inconvenience or annoyance to the public within the town.
(25) A semi-trailer, defined as every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its road load rests upon or is carried by another vehicle, used as temporary or permanent stationary storage, that is located on public or private property and is not properly licensed.
(Ord. 2002-07, passed 8-5-02; Am. Ord. 2003-03, passed 5-5-03)