(A) A PUBLIC NUISANCE, for purposes of this subchapter, shall be defined as:
(1) An unreasonable interference with a right common to the general public.
(2) Circumstances that may sustain a holding that an interference with a public right is unreasonable, including the following:
(a) Whether the conduct involves a significant interference with the public health, the public safety, the public peace, the public comfort or the public convenience; or
(b) Whether the conduct is proscribed by statute, ordinance or administrative regulation; or
(c) Whether the conduct is of a continuing nature or has produced a permanent or long-lasting effect, and, as the actor knows or has reason to know, has a significant effect upon the public right.
(B) Any person who:
(1) Maintains or permits a condition that unreasonably annoys, injures, or endangers the safety, health, or comfort of the public;
(2) Interferes with, obstructs, or renders dangerous for passage or use, any public right-of-way or easement, sidewalk, ditch, or other public facility or publicly regulated resource; or
(3) Commits any other act or permits conditions declared by law, other applicable town ordinances, or this subchapter to be a public nuisance, will be in violation of this subchapter and subject to the enforcement and abatement actions and penalties as set forth herein and as provided for in I.C. 36-1-6-2, incorporated herein by reference.
(Ord. 2020-01, passed 2-4-2020)
Penalty, see § 130.99