For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. Regarding the duty to maintain an alley adjacent to a property, the term ALLEY shall be understood to mean one-half of the alley that is nearest to the property.
NUISANCE. Any condition or use of premises or of building exteriors which interferes with public right-of-ways by physical deposition or visual obstruction, including, but not limited to:
(1) Fences or other structures on private property abutting the public right-of-way, which are severely sagging, leaning, fallen, or decayed, extending into the public right-of-way without being allowed by an encroachment permit or which is otherwise in an unsafe condition;
(2) The existence of any barbed wire or razor ribbon fences within four feet of any public sidewalk or public right-of-way and at a height of less than six feet from the ground level; or any wire, twine, or rope fences consisting of one or more strands, less than three feet in height and within three feet of any public sidewalk; or any electric fences or any fences or walls with pieces of glass or other sharp objects (not including barbed wire) embedded or affixed to the top thereof;
(3) The existence of any condition or use causing continuous or intermittent dense smoke, gas, soot, cinders, or other particulate matter to such a degree as to render the occupancy of surrounding properties uncomfortable to a person of ordinary sensibilities;
(4) The depositing of mud, dirt, sand, gravel, or concrete onto the public right-of-way. In the event that such material is deposited in the public right-of-way, the responsible party shall make every effort to ensure that the material does not flow into a public storm drain or watercourse and shall remove the material as quickly as is feasible, but in no event more than 48 hours from the time of depositing;
(5) The spilling of debris, including trash, paper, wood, plant cuttings, and other vegetation onto the public right-of-way;
(6) The existence of any condition or use which unlawfully obstructs the free passage or use in the customary manner of any navigable waterway or any public park, square, public right-of-way, roadway, lane, or sidewalk; and/or
(7) The removal of snow from public/private premises into the public roadways.
RIGHT-OF-WAY. The portion of land along the side of the roadway established for public use.
(Ord. 14-004, passed 5-15-2014)