(A)
The following conditions and activities, except as may be expressly permitted by other applicable town ordinances, are declared to be public nuisances:
(1) Water, snow or ice, rain, wastewater, or other liquids, or any other substance or material, cast upon, discharged, or permitted to flow on to public property including, without limitation, a public right-of-way, street or sidewalk;
(2) Trees, shrubs, hedges, weeds, grass and other vegetation, signs, fences, and all other impediments or obstructions that block or interfere the view or “line of sight” related to public roads;
(3) Trees (and limbs or roots thereof), shrubs, hedges, weeds, grass and other vegetation that cause damage to public roads or sidewalks (e.g., damage caused by roots) or interfere with the safe and convenient use, by pedestrian and vehicles, as the case may be, of public passage ways, streets, sidewalks, or trails;
(4) Except for the period that begins at 7:00 a.m. the day before the scheduled day for trash or recyclables collection by the town’s trash collection contractor and ends on noon the day after the scheduled day for trash or recyclables collection by the town’s trash collection contractor, all trash and/or recyclable containers kept on private property, in:
(a) A location which is more than five feet in front of a front building line; or
(b) A location, which is not more than five feet in front of a front building line, but which is within five feet of any other boundary line of a residential property;
(5) Obstructions and excavations causing damage to or otherwise interfering with the ordinary and intended public use of streets, alleys, sidewalks, public grounds, natural waterways, ditches, gutters, drains, and curbs, or wells, holes, or similar excavations, either on public or private property, left uncovered or in such other condition, as to constitute a hazard to any person, except as may be expressly permitted by other applicable town ordinances;
(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 their property;
(7) Barbed wire, razor wire, or any sharp iron points used in any manner or application anywhere in the town;
(8) Machinery, equipment, or tools, not being used as part of an ongoing and active building or repair project permitted under other applicable town ordinances, household appliances, furniture, recreational apparatuses (e.g., swing sets, trampolines, basketball goals, exercise equipment, bicycles, tricycles, and other similar devices), toys, or other materials or similar items placed or left on a public right-of-way, including, without limitation, sidewalks, trails, streets, and curbs;
(9) Machinery, equipment, or tools, not being used as part of an ongoing and active building or repair project permitted under other applicable town ordinances, household appliances, discarded or broken recreational apparatuses (e.g., swing sets, trampolines, basketball goals, exercise equipment, bicycles, tricycles, and other similar devices), discarded and unused toys, automobile bodies and/or parts, or other materials or similar items kept in open view on private property;
(10) Litter garbage, trash, debris, leaves, grass clippings, compost or limbs, or other discarded items placed or left on a public right-of-way, including, without limitation, sidewalks, trails, streets, and curbs, or on adjacent private property, except as expressly permitted by other applicable ordinances of the town, for example, to allow for planned and scheduled collection by the town or its agents and contractors;
(11) Litter, garbage, trash, debris, leaves, grass clippings, compost or limbs, or other discarded items placed or left anywhere on private property, except as expressly permitted by other applicable ordinances of the town, for example, in approved containers for trash and recyclables to allow for planned and scheduled collection (APPROVED CONTAINERS, for purposes of this section, shall mean and be limited to containers provided by the contractor with whom the town has a trash and recyclables collection and disposal contract);
(12) 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;
(13) The use or operation, or permitting the use or operation, of any musical instrument, musical device, sound producing or amplifying device, paging system, machine, or other device that produces noises or sound in a distinct and loud manner that disturbs the peace, quiet, or comfort of any other person or the general public;
(14) The presence of one or more abandoned vehicle(s). ABANDONED VEHICLE, for purposes of this subchapter shall be defined 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 which is mechanically inoperable, and remains on private property, in open view, continuously, for more than 20 days. For purposes of this division (A)(14), a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
(15) (a) More than one unregistered vehicle, as defined herein, kept on private property, in open view, continuously, for more than 20 days. For purposes of this division (A)(15), a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.
(b) For purposes of this subchapter, a vehicle, which is required to be registered, pursuant to I.C. 9-18.1-2, shall be deemed to be an unregistered vehicle unless a valid license plate, issued uniquely for that vehicle, is securely fastened to it in the manner prescribed by I.C. 9-18.1-4-4 which, for passenger vehicles, pick-up trucks, and motorcycles, shall be upon the rear of the vehicle, as follows:
1. A license plate shall be:
A. Securely fastened, in a horizontal and upright position that displays the registration expiration year in the upper right corner, to the vehicle for which the plate is issued:
(I) To prevent the license plate from swinging;
(ii) At a height of at least 12 inches from the ground, measuring from the bottom of the license plate; and
(iii) In a place and position that are clearly visible;
B. Maintained free from foreign materials and in a condition to be clearly legible; and
C. Not obstructed or obscured by tires, bumpers, accessories, or other opaque objects.
2. An interim license plate issued or used by a dealer licensed under I.C. 9-32 or used by a manufacturer must be displayed:
A. In the manner required under division (A)(15)(b)1. for the type of vehicle on which the interim license plate is displayed; or
B. In a location on the left side of window that is:
(I) Facing the rear of the motor vehicle;
(ii) Clearly visible and unobstructed. A plat displayed under this division (A)(15)(b)2.B. must be affixed to the window of the motor vehicle.
3. Upon the renewal of a registration under this subchapter, a license plate other than a temporary license plate must display a renewal sticker:
A. That is securely affixed in the upper right corner of the license plate; and
B. That covers the previous registration expiration year;
(16) Any vehicle, equipment, tool, tank, can, bottle or other container, from which any liquid or other material which may be hazardous or deemed to be a pollutant has leaked or is leaking on to the ground, including any paved surface;
(17) All other uses and conditions of property that are defined as public nuisances in other town ordinances.
(B) For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
FRONT BUILDING LINE. A line extending the entire width of a lot across that part or face of the building nearest the front line of the lot and parallel to the front lot line. Corner lots, which are bounded on two sides by a public street, will be deemed to have two front building lines oriented to both streets. Exposed steps, patios, decks, and porches shall not be considered a part of the building for purposes of defining a FRONT BUILDING LINE.
LITTER. Includes, but is not limited to, garbage, trash, debris, lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers; construction materials (except for those being used as part of an ongoing and active building or repair project permitted under other applicable town ordinances) and construction debris; scrap metal; discarded clothing; household appliances; furniture (except for customary outdoor patio furniture in good and usable condition); discarded or unused recreational equipment and toys; motor vehicle, trailer, and boat parts; or other nauseous or offensive matter, of any kind, that is not kept in a designated container which: 1) is designed to prevent its escape and 2) picked up (emptied) on a routinely scheduled basis. LITTER kept in or on a trailer or truck bed shall not be deemed to be kept in a designated container.
OPEN VIEW. Visible from private property and/or public property including, without limitation, public roads and rights-of-way.
VEHICLE. A device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway.
(a) The term includes the following:
1. Off-road vehicles;
2. Manufactured homes or mobile homes that are:
A. Personal property not held for resale; and
B. Not attached to real estate by a permanent foundation.
3. Watercraft.
(b) The term does not include the following:
1. A device moved by human power.
2. A device that runs only on rails or tracks.
3. A wheelchair.
4. An electric foot scooter.
(Ord. 2020-01, passed 2-4-2020)