5-5-6: CERTAIN PUBLIC NUISANCES DEFINED:
   A.   Nuisances Enumerated: In addition to other public nuisances declared by other sections of this code or law, the following are hereby declared to be public nuisances:
      1.   Unwholesome Food Or Drink: The sale, or offering for sale, of unwholesome food or drink; or the keeping of a place where such sales or offerings are made.
      2.   Intoxicating Liquor: The sale, offering for sale, or furnishing of intoxicating liquor in violation of the state law or ordinances of the town, or keeping of a place where intoxicating liquor is sold, offered for sale, or furnished in violation of the state law or ordinances of the town.
      3.   Obscene Books, Papers: The exposure, display, sale, or distribution of obscene pictures, books, pamphlets, magazines, papers, documents or objects; or the keeping of a place where such are exposed, displayed, sold or distributed.
      4.   Gambling Places: The keeping of a place where persons gamble, whether by cards, slot machines, punchboards or otherwise.
      5.   Places Of Prostitution: The keeping of a place where prostitution, illicit sexual intercourse, or other immoral acts are practiced.
      6.   Unlawful Activities: The keeping of a place where activities in violation of state law or ordinance are practiced or carried on.
      7.   Public Dances: The conduct or holding of public dances in violation of the ordinances of the town; or the keeping of a place where such dances are held.
      8.   Contagious Disease: The public exposure of a person having a contagious disease.
      9.   Loud Noises: The continued making of loud or unusual noises which annoy persons of ordinary sensibilities; or the keeping of an animal which makes such noises 1 .
      10.   Radio And Television Interference: The operation or use of any electrical apparatus or machine which materially or unduly interferes with radio or television reception by others.
      11.   Crowds Obstructing Traffic: Any use of a street or sidewalk or a place adjacent thereto which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk, or which otherwise obstructs traffic thereon, except as may be authorized by law or ordinance.
      12.   Water, Ice Or Snow Falling From Building Onto Street Or Sidewalk: Permitting water or other liquid to flow or fall, or ice or snow to fall, from any building or structure upon any street or sidewalk.
      13.   Stagnant Water; Mosquito Breeding: All wells, pools, cisterns, bodies or containers of water in which mosquitoes breed or are likely to breed, or which are so constructed, formed, conditioned, or situated as to endanger the public safety.
      14.   Weeds And Refuse: Rank weeds or grass, carcasses, accumulations of manure, refuse, or other things, which are, or are likely to be, breeding places for flies, mosquitoes, vermin, or disease germs; and the premises on which such exist.
      15.   Dangerous Buildings:
         a.   Any building or structure which is dangerous to the public health or safety because of damage, decay or other condition.
         b.   Every building or other structure that shall become unsafe and dangerous from fire, decay or other cause, or shall become hazardous from fire, by reason of age, decay or construction, location or other cause, or shall be detrimental to the health, safety or welfare of the town or its inhabitants from any cause.
      16.   Pit Or Hole Endangering Public Safety: Any pit, hole, or other thing which is so constructed, formed, conditioned or situated as to endanger the public safety.
      17.   Fire Or Explosion Hazard: Any fire or explosion hazard which endangers the public safety.
      18.   Activities Endangering Public Peace: Any occupation or activity which endangers the public peace, health, morals, safety or welfare. (1984 Code § 8-407)
      19.   Unsanitary Stables; Animal Noises: Any stable or other place where animals are kept that may become obnoxious or annoying to any resident of the town, by reason of any noise or noises made by the animal therein, or by reason of lack of sanitation, is hereby declared to be a nuisance.
      20.   Poultry: Any property, premises or part thereof upon which exists at any one time more than two hundred (200) live poultry (poultry shall consist of domestic fowl raised for meat or eggs such as chickens, turkeys, ducks, geese, etc., collectively) is conclusively deemed to constitute a health hazard, to be obnoxious or annoying and detrimental to the health, safety and welfare of the residents of this town 2 .
      21.   Halfway Houses; Rehabilitation Centers 3 :
         a.   Definitions: For the purposes of this subsection, the following terms shall have the meanings ascribed to them in this subsection:
    ALCOHOLIC: Any person with a physical or psychological dependency on alcohol.
   BOARDING HOUSE: A building or structure where meals or lodging are provided for two (2) or more persons.
   DRUG ADDICT: Any person with a physical or psychological dependency on any illegal drug or on any drug used in an illegal manner.
   HALFWAY HOUSE: A place of residence, either temporary or permanent, for the rehabilitation or treatment of alcoholics, drug addicts, prisoners, former prisoners released from prison for less than six (6) months, mentally deficient or emotionally disturbed persons.
   RECOVERY CENTER: A place of residence, either temporary or permanent, for the rehabilitation or treatment of alcoholics, drug addicts, prisoners, former prisoners released from prison for less than six (6) months, and mentally deficient or emotionally disturbed persons.
   REHABILITATION CENTER: A place for housing or treatment of alcoholics, drug addicts, prisoners, former prisoners released from prison for less than six (6) months, or mentally deficient or emotionally disturbed persons.
         b.   Nuisance Described: Maintaining or operating a halfway house, rehabilitation center, recovery center, or boarding house that is used for the treatment of or as temporary or permanent housing for alcoholics or recovering alcoholics, drug addicts or recovering drug addicts, prisoners of any penal institution or residents of any correctional institution, prisoners released from a penal institution pursuant to a rehabilitation program, former inmates of a penal institution who have been released from a penal institution for less than six (6) months, or mentally deficient or emotionally disturbed persons is hereby declared to be a nuisance; provided, that nothing in this subsection shall prohibit an above described person to live with his or her immediate family.
   B.   Enumeration Cumulative: The above enumeration of certain public nuisances shall be cumulative and not limit other provisions of law or ordinances defining public or private nuisances either in more general or more specific terms. (1984 Code § 8-407; amd. 2002 Code)

 

Notes

1
1. See also subsection 7-2-5F of this code.
2
1. See also section 7-1-8 of this code.
3
2. See section 12-3B-1 of this code for halfway houses allowed with a special use permit in the commercial-industrial district only, and not in a residential district.