§ 90.019 BURNING ON STREETS OR SIDEWALKS PROHIBITED.

   It shall be unlawful for any person to burn any leaves, paper, rubbish or other substances upon any of the public streets or sidewalks within the corporate limits of the town.

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

§ 90.020 PLANTING AND REMOVAL OF TREES AND SHRUB REGULATIONS.

   (A)   Within the town, no person shall plant trees between the street and the sidewalk and/or property line unless they are in compliance with regulations, rules and specifications adopted by the town.

   (B)   The owner or person in control of the dominant real estate adjacent to the area between the street and the sidewalk and/or property line on which any removal of the tree or shrub is planted shall comply with the rules and regulations adopted by the town.

   (C)   If any tree or shrub planted pursuant to this section shall, in the opinion of the town, create a hazardous obstruction to vision which may endanger vehicular or pedestrian traffic, then the tree or shrub shall be appropriately trimmed or removed pursuant to the rules adopted by the town.

   (D)   If any tree or shrub planted pursuant to this section shall cause damage to any street, curb or sidewalk, then the tree or shrub causing the damage shall be removed and the damage repaired by the dominant land owner or person in control as set forth by the town.

   (E)   The town and all public utilities retain their ownership and right to access to the area between the street and the property line of the dominant owner and retain the right to reasonably remove any tree or shrub impeding necessary work to be performed by the town and/or all public utilities, or other properly authorized users.

   (F)   Public utilities are not exempt from the responsibility for the replacement of street trees which must be removed due to construction and maintenance unless otherwise directed by the town.

   (G)   Public utilities may trim street tree roots and branches as necessary for the maintenance of utility service as prescribed by state law and the rules and regulations adopted by the Street Tree Committee. The cost of the tree care is the responsibility of the affected utility.

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

PUBLIC NUISANCES

§ 90.035 PUBLIC NUISANCES PROHIBITED.

   (A)   No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the town.

   (B)   An agricultural operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural operation has been in operation continuously for more than one year if there is no significant change in the hours of operation, there is no significant change in the types of operation, and the operation would not have been a nuisance at the time the agricultural operation began on that locality.

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

§ 90.036 PUBLIC NUISANCES DEFINED.

   A PUBLIC NUISANCE is a thing, act, occupation, condition or use of property which shall continue for a length of time as to:

   (A)   Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;

   (B)   In any way render the public insecure in life or in the use of property;

   (C)   Greatly offend the public morals or decency;

   (D)   Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way; and/or

   (E)   Is injurious to health, or indecent, or offensive to the senses, or an obstruction to the full use of property, so as essentially to interfere with the comfortable enjoyment of life or property.

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