(A) The following, for purposes of this subchapter, are declared to be public nuisances:
(1) Snow or ice, rain, stormwater, wastewater transferred, diverted, or discharged from private property onto a public street or sidewalk;
(2) All trees, shrubs, hedges, weeds, grass, and other vegetation, signs, fences, and other obstructions that block or interfere with the view or line of sight of oncoming vehicular traffic on the public roads;
(3) All trees (and limbs or roots thereof), shrubs, hedges, weeds, grass, and other vegetation that cause damage to, or interfere with, the safe and efficient use, by pedestrian and vehicular traffic, as the case may be, of public streets, sidewalks, or trails;
(4) Obstructions and excavations affecting the ordinary and intended public use of streets, alleys, sidewalks, public grounds, natural waterways, ditches, gutters, drains, and curbs, except as may be expressly permitted by this subchapter or other applicable law;
(5) Maintaining premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease-carrying pests;
(6) A party or other gathering that unreasonably disturbs the peace, quiet, or repose of the public or of another person’s use and enjoyment of his or her property;
(7) Barbed wire, razor wire, or any sharp iron points on any railing or posts;
(8) Discarded or irreparable machinery, household appliances, automobile bodies, or other materials or related parts stored or kept in open view;
(9) Any well, hole, or similar excavation that is left uncovered or in such other condition as to constitute a hazard;
(10) Garbage, trash, debris, leaves, compost or limbs, or other discarded items placed or left on a public right-of-way or on adjacent private property, except as expressly permitted by this subchapter or other applicable ordinances of the town, for example, to allow for planned solid waste collection;
(11) All other conditions or things likely to cause injury to the person or property of another;
(12) Any distinct noise that unreasonably annoys, disturbs, injures, or endangers the comfort, health, peace, safety, or welfare of any person, or interferes with the enjoyment of his or her property;
(13) The discharging of the exhaust or permitting the discharge of the exhaust of any internal combustion engine, motor vehicle, motorcycle, or all-terrain vehicle (ATV), except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations;
(14) The use or operation, or permitting the use or operation, of any radio receiving set, musical instrument, music device, paging system, machine, or other device for producing or reproduction of sound in a distinct and loud manner that disturbs the peace, quiet, or comfort of any other or the general public;
(15) The outside parking and/or storage on residentially zoned property of vehicle parts, building materials, appliances, equipment, or other objects not customarily used for residential purposes that:
(a) Obstruct views of streets;
(b) Create cluttered and otherwise unsightly areas;
(c) Prevent the full use of residential streets for residential parking;
(d) Decrease adjoining landowners’ and occupants’ use and enjoyment of their property and neighborhood; or
(e) Otherwise adversely affect property values and neighborhood patterns.
(16) “Abandoned vehicles” as that term is defined in I.C. 9-13-2-1, which, as of the date of this subchapter, defines an abandoned vehicle as:
(a) A vehicle located on public property illegally;
(b) A vehicle left on public property without being moved for 24 hours;
(c) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way;
(d) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than 48 hours;
(e) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property;
(f) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within 20 days after the vehicle’s removal;
(g) A vehicle that is at least three model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than 20 days. For purposes of this division (A)(16)(g), a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible; and/or
(h) A vehicle that was repaired or stored at the request of the owner, that has not been claimed by the owner, and for which the reasonable value of the charges associated with the repair or storage remain unpaid more than 30 days after the date on which the repair work is completed or the vehicle is first stored.
(B) I.C. 9-22-1 and 9-13-2, as may be amended from time to time, are hereby adopted and incorporated herein by reference and, to the extent applicable, will control in all matters related to the removal, storage, disposal, and other regulation of abandoned vehicles.
(Ord. 2015-4, passed 7-6-2015)