§ 90.038 PUBLIC NUISANCES OFFENDING MORALS AND DECENCY.

   (A)   The following acts, omissions, places, conditions and things are specifically declared to be public nuisances offending public morals and decency, but the enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition hereof:

      (1)   All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling;

      (2)   All gambling devices and slot machines;

      (3)   All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this code or state law;

      (4)   Any place or premises within the town where town ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated; and

      (5)   Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the state or the ordinances of the town.

   (B)   Public nuisances offending morals and decency shall also mean:

      (1)   Any place in or upon which prostitution (as described in I.C. 35-45-4);

      (2)   Any public place in or upon which deviate sexual conduct (as defined in I.C. 35-41-1) or sexual intercourse (as defined in I.C. 35-41-1); or

      (3)   Any public place in or upon which the fondling of the genitals of a person; is conducted, permitted, continued or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose.

(Ord. 7-11-05-1, passed 8-8-2005) Penalty, see § 90.999

Statutory reference:

   Actions for indecent nuisances, see I.C. 32-30-7-1

§ 90.039 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.

   The following acts, omissions, places, conditions and things are declared to be public nuisances affecting peace and safety, but the enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of this section:

   (A)   All buildings erected, repaired or altered within the town in violation of the provisions of the ordinances of the town, county or state, relating to materials and manner of construction of buildings and structures;

   (B)   All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing;

   (C)   All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk;

   (D)   All limbs of trees which project over a public sidewalk less than eight feet above the surface thereof or less than ten feet above the surface of a public street;

   (E)   All use of display of fireworks, except as provided by the laws of the state and ordinances of the town;

   (F)   All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use; or shall be an invitation to children and endanger the lives of the children, or which, because of its condition has become a fire hazard;

   (G)   All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground;

   (H)   All loud and discordant noises or vibrations of any kind, except as may be permitted under a zoning ordinance;

   (I)   All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the town of which, although made in accordance with the ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished;

   (J)   All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalks;

   (K)   All abandoned refrigerators, iceboxes or similar containers from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only with the strength of a small child;

   (L)   Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks;

   (M)   Any sign, marquee or awning which is in an unsafe condition, or which overhangs any roadway, or which overhangs any sidewalks less than eight feet above the sidewalk surface; and

   (N)   Any nuisance so defined by the Indiana Code.

(Ord. 7-11-05-1, passed 8-8-2005)

§ 90.040 ABATEMENT OF PUBLIC NUISANCES.

   (A)   Inspection of premises. Whenever complaint is made to the President of the Town Council that a public nuisance exists or has existed within the town, the President shall promptly notify the Town Manager, or some other town official whom the President of the Town Council shall designate, who shall forthwith inspect or cause to be inspected the premises and shall make a written report of the findings to the President of the Town Council. Whenever practicable, the inspection officer shall cause photographs to be made of the premises and shall file the same in the office of the Town Clerk/Treasurer.

   (B)   Summary abatement.

      (1)   Notice to owner. If the inspection officer shall determine that a public nuisance exists on private property and that there is a great and immediate danger to the public health, safety, peace, morals or decency, the President of the Town Council may direct the Town Marshal or a Deputy Sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining the nuisance and to post a copy of the notice on the premises. The notice shall direct the owner, occupant or person causing, permitting or maintaining the nuisance to abate or remove the nuisance within 24 hours and shall state that unless the nuisance is so abated, the town will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.

      (2)   Abatement by town. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Town Manager, or some other town official whom the President of the Town Council shall designate, shall cause the abatement or removal of the public nuisance.

      (3)   Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of the nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he or she shall file a written report of his or her findings with the President of the Town Council, who shall cause an action to abate the nuisance to be commenced in the name of the town.

   (C)   Cost of abatement. In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the town shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, the cost shall be assessed against the real estate as other special taxes.

(Ord. 7-11-05-1, passed 8-8-2005)

Statutory reference:

   Town Attorney authorized to bring action to abate or enjoin nuisance, see I.C. 32-30-7-7

REMOVAL OF WEEDS, DEBRIS AND OTHER RANK VEGETATION

§ 90.055 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DEBRIS. Includes the remains of something broken-down or destroyed.

   RANK VEGETATION. Those weeds and growing vegetation which is excessively vigorous in growth, shockingly conspicuous, malodorous and/or flagrant.

   WEEDS. Any plant that is not valued where it is growing, and is of rank growth, tends to overgrow or choke out more desirable plants and/or is listed as a weed in the U.S. Department of Agriculture publication entitled Common Weeds of the United States, or in any similar government publication.

(Ord. 7-11-05-1, passed 8-8-2005)

§ 90.056 VIOLATION.

   It is a violation of this section to have weeds, rank vegetation and/or debris on any real property located within the town's corporate limits.

(Ord. 7-11-05-1, passed 8-8-2005) Penalty, see § 90.999

§ 90.057 REQUIREMENT TO CUT.

   All owners of real property located within the town shall cut and remove weeds and other rank vegetation growing thereon that exceeds an average height of six inches, and shall keep their property clear of debris.

(Ord. 7-11-05-1, passed 8-8-2005) Penalty, see § 90.999

Statutory reference:

   Removal of weeds and rank vegetation, see I.C. 36-7-10.1-3 et seq.