For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCUMULATE. Store, gather, collect, heap or pile up.
COMMUNITY DECAY. A public nuisance created by allowing rubble, debris, junk or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses or which obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property.
(1) COMMUNITY DECAY shall apply to the accumulation of rubble, debris, junk or refuse on agricultural land which is not necessary to the normal operation of the agricultural land.
(2) COMMUNITY DECAY does not include properly permitted construction of demolition projects during the time any necessary permits are in effect.
(3) COMMUNITY DECAY does not include persons servicing, manufacturing or processing materials, goods or products on lots in public view, so long as the materials used in the normal operation of the business are neatly stacked or piled.
(4) COMMUNITY DECAY does not include normal residential maintenance or landscaping.
ENCLOSED AREAS. Any area inaccessible or not visible from six feet above the surface of the center of any public street, road or alley.
IN PUBLIC VIEW. Any area that can be seen from any point six feet above the surface of any public street, road or alley.
JUNK. Any metal, glass, paper, rags, wood, machinery parts, appliances or equipment parts, cloth or other waste or discarded material of any nature or substance whatsoever, or any scrap or salvage materials.
JUNK VEHICLE. Any motor vehicle, including components parts that is not lawfully and validly licensed and remains inoperative and incapable of being driven. This includes motor vehicles with permanent registration that otherwise meet the criteria.
(M.C.A. § 75-10-501(6))
NUISANCE. Anything which is injurious to health, indecent or 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, or which unlawfully obstructs to free passage or use, in the customary manner, or any navigable lake, river, bay, stream, canal or basin or any public park, square, street or highway.
PERSON. An individual, firm, partnership, company, association, corporation, town or any other entity whether organized for profit or not.
PROPERTY. Any real property within the city or any city property within or without the corporate limits which is not a street or highway.
PUBLIC NUISANCE. A nuisance which affects, at the same time, an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
SHIELDING. Fencing or other manmade barriers to conceal community decay from public view. It also refers to natural barriers.
(1) Any SHIELDING barrier must conform to all local, state, building and protective covenant provisions.
(2) Any SHIELDING is to be sufficient height so that none of the violations on the premises is visible to public view.
STREET, ALLEY OR HIGHWAY. The entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for the purpose of vehicle travel.
(Ord. 456, passed 8-23-2022)