A. Declared Public Nuisance: The following are hereby declared to be public nuisances: (Ord. 252, 9-1-1998)
1. Unsafe Building Or Structure: Any building or structure which meets the definition of an unsafe building or structure as provided in the Uniform Building Code, or any successor provision, adopted pursuant to this Code.
2. Dangerous Building Or Structure: Any building or structure which meets the definition of a dangerous building as provided in the Uniform Code for the Abatement of Dangerous Buildings or any successor provision adopted pursuant to this Code. (Ord. 252, 9-1-1998; amd. 2000 Code)
3. Substandard Building Or Structure: Any building or structure which meets the definition of a substandard building as provided in Section 1001 of the Uniform Housing Code, or any successor provision, adopted pursuant to this Code.
4. Safety Hazard: Any imminent life safety hazard which creates a present and immediate danger to life, property, health or public safety, including nuisance grasses, nuisance trees and nuisance vegetation.
B. May Be Declared Public Nuisance: The following may be declared to be public nuisances:
1. Attractive Nuisance: Any condition which constitutes an attractive nuisance whether within a structure or on the premises.
2. Repeated Disruptive Activities: Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passersby, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), traffic violations or police detentions and arrests.
3. Unwholesome, Unsanitary Or Detrimental Conditions: Any condition which renders air, food or drink unwholesome, unsanitary or detrimental to health.
4. Fire Hazard: Any condition which poses a fire hazard.
5. Animals: Any condition in violation of Title 5, Chapter 4 of this Code.
6. Kennel: The ownership, maintenance or operation of a dog or animal kennel without proper provisions for the protection of the surrounding properties from odor and sound generated by the kennel.
7. Abandoned, Wrecked Vehicles; Junk; Rubbish; Etc.: The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of any personal property or wastes; including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles; abandoned, wrecked or dismantled boats or vessels; automotive parts and equipment; appliances; furniture; containers; packing materials; scrap metal; wood; building materials; junk; rubbish; debris; dirt; sand; gravel; concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public right of way and which is detrimental to the public health, safety and general welfare. However, building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such period of time as is necessary expeditiously to complete the project.
8. Nuisance Noise: Any noise as defined in Section 4-2-3 on private or public property, including rights of way.
9. Defined In Statute: Any public nuisance as defined in Montana Code Annotated section 45-8-111 or otherwise recognized in law as constituting a public nuisance. (Ord. 252, 9-1-1998).
C. Exceptions
1. Vegetation that does not extend into a public right of way below 8' of existing grade that generally complies with the approved landscaping and zero-scaping document of the Town of Manhattan.
2. Ornamental plants and plants for the purpose of gardening where they do not extend into the public rig hot way below eight feet (8') from existing grade.
3. Native plants of Montana as defined by the Montana Department of Agriculture where they do not ext3end into the public right of way below eight inches (8") of existing grade.
(Ord. 252, 9-1-1998; amd. Ord. 23-002, 9-14-2023)