This section defines "nuisance" by providing five (5) general definitions of what constitutes a nuisance (subsection A of this section), and then provides specific examples of conduct, situations or activities that constitute nuisances (subsection B of this section). The purpose of the general definitions is to allow Kane County to classify an offending situation, conduct or activity as a nuisance, even though the situation, conduct or activity may not be listed as a nuisance in the specific examples. The first three (3) general definitions are taken directly from Utah state law. The purpose of listing the specific examples is to identify some of the specific situations, conduct and activities that the county intends to abate as nuisances.
A. General Definitions Of Nuisance: Any activity that meets any one or more of the five (5) definitions set forth below shall constitute a "nuisance" if it occurs within Kane County:
1. Nuisance As Defined In Utah Code Annotated Section 76-10-801: Any item, thing, manner, or condition whatsoever that is dangerous to human life or health or renders soil, air, water or food impure or unwholesome.
2. Nuisance As Defined In Utah Code Annotated Section 78B-6-1101(1) As Amended: Anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
3. Nuisance As Defined In Utah Code Annotated Section 76-10-803: Unlawfully doing any act or omitting to perform any duty, which act or omission:
a. Offends public decency;
b. Annoys, injures or endangers the comfort, repose, health, or safety of three (3) or more persons who are not related or living in the same residence;
c. In any way renders three (3) or more persons who are not related or living in the same residence insecure in life or the use of property; or
d. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway.
Any act which affects three (3) or more persons who are not related or living in the same residence in any of the ways specified in this subsection is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.
4. Nuisance: A condition which:
a. Wrongfully injures, or endangers the comfort, repose, health or safety of others; or
b. Unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any public park, square, street or highway, or any other public place; or
c. In any way renders other persons insecure in life, or in the use of property, and which affects the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
5. Specific Nuisances Listed In Subsection B Of This Section: Anything specifically listed as a nuisance in subsection B of this section.
B. Nuisances Enumerated: Every situation, conduct or activity listed below constitutes a nuisance and may be abated pursuant to this chapter. The listed examples are not exhaustive; a situation, activity or conduct not listed below, but coming within one of the general definitions of nuisance listed above, shall also constitute a nuisance. The first six (6) listed nuisances are also listed as nuisances pursuant to Utah Code Annotated section 78B-6-1107 as amended.
1. Gambling: Every building or premises where gambling is permitted to be played, conducted, or dealt upon as prohibited in title 76, chapter 10, part 11, Utah Code Annotated (gambling) which creates the conditions of a "nuisance" as defined in this section.
2. Drug Houses: Every building or premises where the unlawful sale, manufacture, service, distribution, storage, dispensing, or acquisition of any controlled substance, precursor, or analog specified in title 58, chapter 37, Utah Code Annotated (Utah controlled substance act) occurs.
3. Gangs: Every building or premises wherein criminal activity is committed in concert with two (2) or more persons as provided in section 76-3-203.1, Utah Code Annotated.
4. Party Houses: Every building or premises where parties occur frequently which create the conditions of a nuisance defined in Utah Code Annotated section 76-10-803.
5. Weapons: Every building or premises where a violation of title 76, chapter 10, part 5 (weapons), Utah Code Annotated, occurs on the premises.
6. Prostitution: Every building or premises where prostitution or the promotion of prostitution is regularly carried on by one or more persons as provided in title 76, chapter 10, part 13 (prostitution), of the Utah Code Annotated.
7. Fire Hazard: A fire hazard.
8. Unsafe Condition: A condition that unlawfully or unreasonably affects the health or safety of three (3) or more persons who are not related or living in the same residence.
9. Noxious Emanations: Emanation of noxious or unreasonable odors, gas, fumes, smoke, cinders or soot. This paragraph is not intended to prohibit the daily heating of dwellings or businesses.
10. Noxious Weeds: Noxious weeds, which are consistent with the Utah noxious weed list or designated by Kane County, located on vacant lots or other property, along public sidewalks or the outer edge of any public street, or weeds in any other location which constitutes a fire hazard. Example: Bermuda grass, Canada thistle, diffuse knapweed, dyers woad, field bindweed, hoary cress, Johnson grass, etc.
11. Stagnant Water: Polluted or stagnant water which constitutes an unhealthy or unsafe condition.
12. Animal Carcasses: Carcasses of animals not buried or destroyed within twenty four (24) hours after death.
13. Refuse: Storing or keeping of any refuse or waste matter which interferes with the reasonable enjoyment of nearby property.
14. Improper Accumulations: Accumulation of litter, debris, soil, plant trimmings, or trash, visible from the street or an adjoining property.
15. Accumulation Of Junk: Accumulation of used or damaged lumber, junk, salvage materials, abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other fixtures or equipment stored as to be visible from a public street. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on the premises.
16. Attractive Nuisances: Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pools.
17. Vegetation: Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests.
18. Improper Storage: The keeping, storing, depositing or accumulating on the premises or in the public right of way for an unreasonable period of time dirt, sand, gravel, concrete, or other similar materials, or maintenance of such material on public rights of way. Material stored as part of an active construction project shall not be considered a nuisance.
19. Construction Equipment: Construction equipment or machinery of any type or description parked or stored on property when it is readily visible from a public street, alley or adjoining property, except when excavation, construction or demolition operations covered by an active building permit are in process on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment and/or machinery. Excluded from this are farm equipment used in the normal course of business or operation.
20. Improper Sign: Improper maintenance of a sign; or signs which advertise a business that is no longer in operation on the property.
21. Improper Parking Or Storage:
a. Parking or storage of "inoperative" (defined as: lacking vital component parts essential to the mechanical functioning of the vehicle), unregistered or dismantled vehicles, boats, trailers, or vehicle parts, including recreational vehicles, on a premises or in the public right of way. Storage or parking that is specifically allowed by a Kane County's zoning ordinance shall not be considered a nuisance.
b. Parking or storage of registered vehicles, trailers or boats in violation of a city ordinance.
22. Hazardous Conditions: Any wall, sign, fence, gate, hedge, or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property.
23. Graffiti: Graffiti which remains on the exterior of any building, sign, fence or other structure and is visible from a public street.
24. Improper Maintenance: Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including, but not limited to:
a. Any building or structure which is unfit for human habitation, or which is an unreasonable hazard to the health of people residing in the vicinity thereof, or which presents an unreasonable fire hazard in the vicinity where it is located; or
b. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of state laws, building codes or ordinances, or any use of land, buildings or premises in violation of state laws, building codes or ordinances.
c. Buildings which are abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of six (6) months or longer. An "unreasonable state of partial construction" is defined as any unfinished building or structure where the appearance or condition of the building or structure does not meet the requirements for finished buildings or structures as required by applicable state laws, building codes or city or county ordinances. The building or structure shall not be considered to be a nuisance if it is under active construction; and
d. Buildings or other structures having dry rot, warping, termite infestation, decay, excessive cracking, peeling, or chalking, as to render the building or structure unsafe and/or in a state of disrepair;
e. Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass;
f. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, signs or ornamentation, or alleys maintained in such condition as to render them unsafe and/or in a state of disrepair; and
g. Buildings, structures or conditions that violate any building, electrical, plumbing, fire, housing, or other code adopted by the state of Utah as of the date of final completion of the building or structure.
25. Noise Related Nuisances: It shall be unlawful for any person in the county in a public or private place to make, cause to be made or allow the making of any noise which is inconsistent with the zoning area between the hours of eleven o'clock (11:00) P.M. and sunrise which is unnecessary or unusual, which noise annoys, disturbs or affects the comfort, repose, health or peace of others. Any such noise hereinbefore described, heard outside the limits of the real estate from which said noise has its source and heard by another person, shall be a noise as is hereby prohibited, which noise constitutes the basis of the violation of this section.
26. Dangerous Conditions: Any fence, wall, deck, shed, garage, house, building, structure or any part of any of the aforementioned; or any pole, tree, smokestack; or any excavation hole, pit, basement, cellar, sidewalk, subspace, dock, or loading dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or might unreasonably endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals within Kane County, in any one or more of the following particulars:
a. By reason of being a menace, threat and/or hazard to the general health and safety of the community.
b. By reason of being a fire hazard.
c. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
d. By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists. (Ord. 2004-4, 11-22-2004)
27. Dogs:
a. Dogs On Private Property: It shall be unlawful for an owner of a dog to permit such dog to go upon or be upon the private property of any person without the permission of the owner or person entitled to the possession of such private property.
b. Female In Heat: The owner of a female dog in heat shall cause such dog to be penned or enclosed in such a manner as to preclude other dogs from attacking such female dog or being attracted to such female dog so as to create a public nuisance.
c. Rabies And Parvo: Every owner of any dog over the age of six (6) months within the county shall have the dog vaccinated against rabies and parvo by a duly licensed veterinarian, and shall secure from the veterinarian a certificate thereof. Rabies and parvo vaccinations shall be updated at least every three (3) years.
d. Dogs Disturbing Neighborhood: Any dog which disturbs the neighborhood as set forth in subsection 4-1-1C of this title shall also constitute a nuisance. Any person owning, possessing or harboring a dog which disturbs the neighborhood shall be deemed to be harboring a nuisance only after notification under subsection 4-1-1C of this title.
e. Vicious Animals; Special Provisions:
(1) It shall be a class C misdemeanor for any person to own and possess a vicious dog within the county. A vicious dog shall include, but is not limited to, a dog that has bitten or otherwise attacked any person without provocation or without having trespassed upon the property of the dog's owner. Whenever a prosecution for this offense is commenced under this section, the dog so involved may not be redeemed, pursuant to the provisions of this chapter, while awaiting final decision of the court as to the disposition to be made of such dog.
(2) Upon the trial of any offense under this chapter, the court may, upon conviction and in addition to the usual judgment of conviction, order the poundmaster or other authorized personnel of the county to put the dog to death or may order such other disposition of the dog as will protect the inhabitants of the county.
f. Dog Pound: The governing body may contract with some humane person as poundmaster, with an adjoining county or with a private enterprise for the purpose of providing suitable premises and facilities to be used by the county as the dog pound. It shall be maintained in some convenient location and shall be sanitary and so operated as to properly feed, water and protect the dogs from injury. It shall further comply with all relevant state law and regulations including Utah code section 11-46-101 et al., the animal welfare act.
g. Impounding: The county sheriff or other designated animal control officer may apprehend any dog found in violation of this chapter, and impound such dog in the pound or some other suitable place. The poundmaster, or some other designated official, upon receiving any dog, shall make a complete registry, entering the breed, color and sex of such dog and whether or not it is licensed. If it is licensed he or she shall enter the name and address of the owner and the number of the license, and shall immediately contact the owner, either in person, by telephone, or in writing. Every reasonable effort shall be made to contact the owner of such dog, if known, to advise him or her of such impoundment. (Ord. 2014-4, 4-28-2014, eff. 5-13-2014)
h. Record Of Impounding Animals: The poundmaster, agent or officer shall keep a record of each animal impounded by him or her, the date of receipt of such animal, the date and manner of its disposal and if redeemed, reclaimed or sold, the name of the person by whom redeemed, reclaimed, or purchased, the address of such person, the amounts of all fees received or collected for or because of the impounding, reclaiming or purchasing thereof, together with the number of any tag and the date of any tag exhibited or issued upon the redemption or sale of such animal.
i. Redemption Of Impounded Dogs: Any dog, other than a "vicious dog", as defined herein, may be redeemed and taken from such pound, by the owner or by any other authorized person, upon paying the person in charge of the pound a reasonable impounding fee as set by the pound. All impounded dogs not redeemed within five (5) days after impounding shall be sold for the best price obtainable, at either private or public sale or be redeemed by the Best Friends Animal Sanctuary. All monies received from such sales, if applicable shall be paid immediately to the county clerk. All dogs that are not sold or redeemed within the required time shall be disposed of in a humane manner. The impounding as provided above, shall apply to the first and second times that any particular dog is impounded. On the third time such dog is impounded, it shall be disposed of, in a humane manner, or redeemed by the Best Friends Animal Sanctuary in accordance with this chapter.
j. Disposition Of Unclaimed And Infected Dogs: All impounded dogs not redeemed within five (5) days of the date of impounding may be destroyed or sold to the person first making written request for purchase at such price as may be deemed agreeable. In the case of dogs severely injured or having contagious disease other than rabies and which in the poundmaster's, officer's or agent's judgment are suffering and recovery is doubtful, the poundmaster, officer or agent may destroy the dog without waiting the five (5) day period.
k. Interference With Impounding Prohibited: It shall be unlawful for any person to hinder, delay, interfere with or obstruct the sheriff, poundmaster or any of their deputies while engaging in capturing, securing or taking to the dog pound any dog or dogs liable to be impounded, or to break open or in any manner directly or indirectly aid, counsel or advise the breaking open of any dog pound or ambulance, wagon or other vehicle used for the collecting or conveying of dogs to the dog pound. (Ord. 2004-4, 11-22-2004; amd. Ord. 2014-4, 4-28-2014, eff. 5-13-2014)
C. Exceptions: No act which is done or maintained under the express authority of an authoritative statute, ordinance or court ruling shall be declared a nuisance. (Ord. 2004-4, 11-22-2004)