Section
General Provisions
92.01 Loud and disturbing noise
General Public Nuisances
92.15 Deemed unlawful
92.16 Enumeration
92.17 Notice to abate
92.18 Abatement by town
92.19 Declaration of lien
92.20 Annual notice to chronic violators
Debris Acting as Health or Safety Hazard
92.35 Definitions
92.36 Responsibility and duty of property owner
92.37 Liability of persons to owners of debris
92.38 Certain materials exempted
92.39 Removal of debris declared a health or safety hazard
92.40 Indemnification of town
92.41 Notice of removal by town
92.42 Removal of debris by town
92.43 Disposal of debris by town
92.44 Immunity
92.45 Existing violations
92.99 Penalty
Cross-reference:
Abandoned, Nuisance, and Junked Motor Vehicles, see Ch. 93
Animals, see Ch. 94
Begging; solicitation; pedestrian interference, see § 130.01
GENERAL PROVISIONS
(A) Subject to the provisions of this section, the creation of any unreasonably loud and disturbing noise in Kenly is prohibited and unlawful. Noise of the character, intensity, and duration as to be detrimental to the health, safety, or welfare of any individual is prohibited.
(B) The following acts, among others, are declared to be loud and disturbing noises in violation of this section, but the enumeration shall not be deemed to be exclusive:
(1) The use of any loud, boisterous, or raucous language or shouting so as to annoy or disturb the quiet, comfort, or repose of any person in the vicinity;
(2) The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle, except as a danger signal or as required by law, so as to create any unreasonably loud or harsh sound; or the sounding of the device for an unreasonable period of time;
(3) The playing of any radio, television set, record player, musical instrument, or sound-producing or sound-amplifying device in the manner or with the volume, particularly, but not limited to the hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of any person of normal sensibilities in any dwelling, motel, hotel, or other type of residence;
(4) The keeping of any animal, except livestock, which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person of normal sensibility in the vicinity; and/or
(5) The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in the manner as to create loud grating, grinding, rattling, or other noise.
(Ord. 122, passed 3-14-1994) Penalty, see § 92.99
GENERAL PUBLIC NUISANCES
In order to protect the health and general welfare of the public, preserve the enjoyment of property rights and other rights from obnoxious and undesirable infringement, promote the general public welfare of the community and prevent social harm from the effects of unwanted and detrimental influences that cross property lines, it shall be unlawful for any person owning, occupying or having in his or her possession or under his or her control any lot or parcel of land, improved or vacant, in the town to permit to exist on such lot or parcel of land any condition which may be declared in this section to be noxious, detrimental or prejudicial to public health or public safety, or to otherwise constitute a public nuisance.
(Ord. passed 6-9-2008) Penalty, see § 92.99
The existence of any of the following conditions on any lot or parcel of land in the town is hereby declared to be noxious, dangerous, detrimental and prejudicial to the public health or general welfare and/or constitutes a public nuisance in violation of the provisions of this section.
(A) Any uncontrolled growth of noxious weeds, grasses or bushes to a height in excess of 12 inches and causing or threatening to cause infestation by rats, mice, snakes or vermin of any kind or constituting a fire hazard or which in any other way is detrimental to the public health, morals, safety or general welfare; provided, however, that this section shall not apply to planted and cultivated flowers, shrubbery, vegetables or crops, properties not reasonably accessible to power mowing equipment, and undeveloped parcels greater than 5 acres in size, except as provided in division (B) below.
(B) Any uncontrolled growth of noxious weeds, grasses or bushes on undeveloped parcels greater than 5 acres in size, including previously tilled farm land that is not cultivated or planted during a growing season if:
(1) The growth is at a height in excess of 24 inches and is causing or threatening to cause infestation by rats, mice, snakes or vermin of any kind or constituting a fire hazard or which is in any other way detrimental to the public health, safety or general welfare; and
(2) The growth is within a distance of 50 feet from any residential use.
(C) Any uncontrolled growth of wild shrubs, bushes, vines, weeds or similar vegetation that is accessible and controllable by any reasonable means, is on any lot that contains a dwelling unit or is on a lot within 100 feet of any residential property and is uncontrolled growth that:
(1) Contain other nuisances as set forth in this chapter; or
(2) Consists of wild, dense or uncontrolled vegetation, including overgrown shrubs, underbrush, small trees, vegetative debris or poisonous plants, that is in such concentration or condition so as to contribute to or cause a breeding ground for rodents, wild animals or constitute other hazards detrimental to public health, safety or welfare. This section shall not apply to areas that are not accessible or controllable by reasonable means, or to natural areas which customarily exist in a natural condition such as predominately forested areas with numerous trees, or areas that consist of managed, landscaped plantings, shrubs or other cultivated or managed vegetation, including planted areas with legitimate landscape plants for screening purposes, or plant areas required by the Town of Kenly Code of Ordinances to be set aside or planted for buffering or screening purposes, or to protected natural areas or plants under state or federal laws.
(D) Pools of stagnant water causing or threatening to cause infestation by mosquitoes and other disease-carrying insects which are or may be dangerous or prejudicial to the public health.
(E) Any litter consisting of man-made and used materials which is scattered, cast, thrown, blown, placed, swept or deposited anywhere on a persistent, continuous or ongoing basis so as to accumulate on any property in open places such that it is dangerous or prejudicial to the public health or otherwise constitutes a public nuisance. (For purposes of this chapter, OPEN PLACES are defined as areas of properties or portions thereof that are open to the exterior, including building openings of residential dwelling units, such as carports or porches, and any other exterior portions of properties ordinarily exposed to the outside and/or public view, including front, side and rear yards.) The owner and occupant of any property and/or dwelling unit shall exercise reasonable diligence at all times to keep exterior premises clean of litter, including glass, bottles, waste paper, wrapping paper, paper napkins, cartons, package containers and other used or waste materials intentionally or unintentionally scattered, discarded, thrown or haphazardly left on such premises on a continuous, ongoing or persistent basis, and to prevent same from drifting or blowing to adjoining premises by removing such waste or ensuring that same is placed in approved refuse containers and/or locations for collection by the town.
(F) Except as otherwise allowed herein, any icebox, refrigerator or other container of any kind which has an air-tight snap lock or other device thereon and is in use in open areas shall be crated, strapped or locked to such an extent that is impossible for a child to obtain access to any air-tight compartment thereof. Snap locks or doors on any discarded refrigerator, icebox or container shall be removed prior to disposal.
(G) The presence or accumulation of dead animals, decayed meat, vegetables, fruit or other vegetable matter, filthy privies or stables, garbage, trash, litter or other waste products or materials of any kind, including uncontrolled accumulation of organic debris, which are or may be offensive by virtue of strong odors or vapors, or by the inhabitancy therein of rats, mice, snakes or vermin of any kind, or by constituting a fire or safety hazard or other condition which otherwise maybe dangerous or prejudicial to the public health or constitute a public nuisance. All animal food shall be kept, dispensed and stored in such a manner as to minimize availability of food or harborage for vermin.
(H) Any concentration of unusable building materials, including concrete, steel or masonry, which due to deterioration or age are no longer suitable for building construction, alterations or repair, and which are in open places and are or may be dangerous or prejudicial to the public health or otherwise constitute a public nuisance.
(I) Any worn-out, deteriorated or abandoned household or office furniture, appliances or other metal products of any kind which are kept in open places and are or may be dangerous or prejudicial to the public health or otherwise constitute a public nuisance.
(J) Any products with jagged edges of metal or glass which are kept in open places and are or may be dangerous or prejudicial to the public health or otherwise constitute a public nuisance.
(K) Any concentration of discarded bottles, glass, cans or used medical supplies which are in open places or in confined areas which may be dangerous or prejudicial to the public health or otherwise constitute a public nuisance.
(L) Any junk, waste materials, unusable building materials, trash, garbage, oily rags, barrels, cans, papers, bricks or brickbats and other litter, refuse, rubbish or combustible materials which is scattered, cast, placed or deposited in a yard or yards, so as to constitute an accumulation or concentration in an open area and are or may be dangerous or prejudicial to the public health or otherwise constitute a public nuisance.
(M) The presence, accumulation, storage or placement of:
(1) Junk, including, but not limited to, deteriorated, unusable or inoperative furniture, appliances, machinery, equipment, building materials, worn out and disused automobiles or parts, tires or any other man-made items which are either in whole, or in part, wrecked, junked, disused, worn out, dismantled or inoperative:
(a) Storage of junk shall only be allowed on any properties used for nonresidential purposes if in compliance with all other town codes, or if not addressed by a town code, completely enclosed within a building or otherwise evenly placed or neatly stacked and concealed by a solid fence, cover or other means so as to not be visible at the property line from abutting properties or a public street;
(b) Storage of junk shall only be allowed on any property used for residential purposes if completely stored in an enclosed building or limited to 100 square feet in area and completely concealed by a solid fence, cover or other means so as not to be visible at the property line from abutting properties or a public street, concentrated in 1 area within the rear yard and neatly arranged or stacked so as not to exceed 6 feet in height; and
(c) Whether stored on a residential or nonresidential property such storage of junk shall be maintained in such a manner so as to prevent overgrown grass or weeds or an infestation of wild animals, reptiles and rodents.
(2) Usable building materials, unless:
(a) Permitted as an authorized storage in the Code of Ordinances of the Town of Kenly;
(b) Stored on any nonresidential lot; or
(c) If stored on any residential lot where construction has stopped or never commenced for a period of 1 year and there is not a current, valid outstanding building permit issued for construction on the residential lot, such storage is inside a completely enclosed building (if otherwise permitted on the lot) or placed in the rear of the lot and stored in accordance with division (M)(1)(a) above.
(3) Construction fill materials, unless such materials are:
(a) Stored in a level, safe manner;
(b) Placed in gently sloped mounds, for a period of time not to exceed 12 months; or
(c) Approved by the Town Manager or his or her designee as a reasonable landscape feature evidenced by a comprehensive landscape plan showing such features for legitimate landscape purposes as part of the total development of the lot.
(4) Firewood, except when stored in a neat and orderly fashion for safe access and maintenance and does not to exceed 6 feet in height above the ground.
(N) Whether completely enclosed in a building or concealed by a fence or cover or otherwise permitted on the lot, such storage or accumulation of the above items shall not be permitted if it causes or threatens to cause a fire hazard, or threatens to cause accumulation of stagnant water, causes or threatens to cause the inhabitation therein of rats, mice, snakes or vermin, or wild animals of any kind, constitutes a hazardous condition, or causes or threatens to cause a public nuisance, all of which are or may be dangerous or prejudicial to the public health or general welfare.
(O) Any other condition declared to be a detriment or danger to the public health, safety, morals and general welfare of the inhabitants of the town and/or a public nuisance by the Town Council at a public hearing, notice of which has been properly served.
(Ord. passed 6-9-2008)
Whenever it shall come to the attention of the Town Manager, Code Enforcement Officer, Town Inspector or other authorized town officer or representative, that there exists on any lot or parcel of land in the town any of the conditions enumerated in this section, the Officer or Inspector shall forthwith give the owner, occupant and/or person having the lot under his or her control notice thereof to abate or remove the conditions or otherwise comply with the town code. Such notice shall be deemed sufficient if given by personal service of written notice or service by registered or certified mail to such person, owner and/or occupant at his or her last known address. The person so served shall have 10 days from the date of such service in which to remedy the same or the town shall cause the same to be remedied, unless an appeal for relief in writing is made within this time period to the Town Council. In lieu of, or in addition to such notice, the Officer or Inspector may issue a citation notice and take enforcement actions as set forth in § 10.99. In the event an Inspector determines that a nuisance is an immediate detriment to human safety or welfare, the Inspector may take appropriate action to summarily abate the condition without notice.
(Ord. passed 6-9-2008)
If any person, after having been ordered to abate a public nuisance described in this section, fails, neglects or refuses to abate or remove the condition constituting the nuisance within 10 days from the receipt of the order, the Town Manager or his or her designee shall cause the condition to be removed or otherwise remedied by having employees of the town or a private contractor hired by the town go upon such premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the administrative officer. In such instances, weeds or grass shall always be cut to a height satisfactory to the Manager or his or her designee.
(Ord. passed 6-9-2008)
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