For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT. The Council shall designate a town or county department, or other designee as being responsible for the enforcement of this subchapter within the town and grant to such all powers reasonable and necessary for the performance of its responsibilities under this subchapter.
ENFORCEMENT BOARD. A board established to administer hearings regarding nuisance violations. The town hereby does create the following ENFORCEMENT BOARDS:
(1) Town Clerk-Treasurer;
(2) Town Manager; and
(3) A designated Town Council member.
ENFORCEMENT OFFICER. The town appoints the Town Marshal as the enforcement officer, responsible for the regulation and enforcement of any nuisance violations within the town.
JUNK VEHICLES. Any motor vehicle or non-motor vehicle that is either disassembled, non- operative, wrecked or does not bear a currently valid license plate, or would be considered “junk” by a reasonable person, and is not in a garage or other building, but is kept in open view upon public or private property. A person may rebut a determination by the Ordinance Enforcement Officer (“enforcement officer”) that a car, bus, semi-truck, recreational vehicle or motorcycle is a JUNK VEHICLE by driving such a vehicle, under the vehicle’s own power, to the office of the enforcement officer with valid tags and proof of registration and insurance within ten days of receiving notice of noncompliance with this subchapter.
MOTOR VEHICLES. Includes, but shall not be limited to, cars, buses, semi-trucks, golf carts, all- terrain vehicles, motorized recreational vehicles and motorcycles. Agricultural machinery located on land properly zoned and owned by persons actively engaged in farming shall be exempt from this subchapter.
NON-MOTOR VEHICLES. Includes, but shall not be limited to, semi-trailers, boats, non- motorized recreational vehicles and trailers of any kind.
PUBLIC NUISANCES. Defined in accordance with I.C. 36-8-2-4 and may include, but shall not be limited to, the following:
(1) Litter;
(2) Grass and weeds over eight inches high, but not including small trees and bushes;
(3) Boxes, appliances, furniture, household items and tires and the like, but not stock or inventory used in conducting agricultural activities in a properly zoned area;
(4) Demolition remains;
(5) Accumulated garbage and trash;
(6) Vehicle parts and scrap metal (including, but not limited to, those defined at I.C. 9-22-1-1 et seq.);
(7) Structures defaced with paint or graffiti;
(8) Any wastewater, filth, offal, garbage, rubbish, human excrement, which is deposited, allowed or caused to be upon any public or private property;
(9) The construction of, or the placement of any structure or materials within the drainage way of any right-of-way that will prevent the natural flow of water and cause it to collect and pool upon any private or public property;
(10) Any dead domestic or wild animal;
(11) Any real or personal property that is infected with contagious disease and is likely to cause an immediate health hazard;
(12) The placing or accumulating on or within any real or personal property or the permitting of same, of any matter which attracts or may attract rodents, insects, domestic or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition;
(13) Trees, shrubbery, weeds or other matter obstructing public ways or causing visual barriers which create vehicular traffic or pedestrian safety hazards;
(14) The unauthorized placement of fences, signs, shrubbery or barriers within road rights-of-way;
(15) Junk vehicles, as defined by this subchapter, due to the danger to public health from vermin and insects that inhabit such vehicles, and the danger to safety of children attracted by such vehicles, except in lawfully operated junkyards that have been properly zoned and licensed; and
(16) Industrial machinery, unless located on land that is properly zoned for such use and owned by persons actively engaged in industry.
(2014 Code, § D2.1(1))