(A) Nuisances. It shall be unlawful within the city for the owner, occupant, or person having control or management of any premises within local government to permit a public nuisance, health hazard, or source of filth to develop upon their premises through the accumulation of:
(1) Junked or wrecked automobiles, vehicles, machinery or other similar scrap or salvage material, excluding an operative farm equipment;
(2) One or more mobile or manufactured homes as defined in KRS 227.550 that are junked, wrecked, or inoperative and which are not inhabited;
(3) Trash, litter, garbage, refuse, or waste of any kind, or other obnoxious materials, whether solid or liquid;
(4) The excessive growth or weeds or grass has described herein; or
(5) Any other condition which would be a violation of the Kentucky Building Code, the Kentucky State Plumbing Code and/or the International Property Maintenance Code as the same are adopted herein by reference.
(6) Open burning.
(a) All open burning is prohibited during periods of extraordinary forest fire hazard or fire emergency has been determined by the Division of Forestry or the Pikeville Fire Chief.
(b) Subject to the limitations, conditions, or prohibitions contained in this section, and when prohibited by division (A)(6)(a), open burning shall be allowed for:
1. Fires set for the cooking of food for human consumption;
2. Fires set for recreational or ceremonial purposes;
3. Small fires set by construction and other workers for comfort heating purposes if:
a. The ambient temperature is below fifty (50) degrees Fahrenheit;
b. Excessive or unusual smoke is not created;
c. Only clean lumber or vegetative matter is burned; and
d. The fire is burned in a container not exceeding fifty- five (55) gallons in size;
4. Fires set for the purpose of weed abatement, disease, and pest prevention;
5. Fires set for prevention of a fire hazard, including the disposal of dangerous materials if no safe alternative is available;
6. Fires set for the purpose of instruction and training of public and industrial employees in the methods of fighting fires;
7. Fires set for recognized agricultural, silvicultural, range, ecological, and wildlife management practices;
8. Fires set by individual homeowners for burning of leaves;
9. Fires for disposal of household rubbish, which shall not include garbage, originating at dwellings of five (5) family units or less, if the fires are maintained by an occupant of the dwelling at the dwelling;
10. Fires set for the purpose of disposing of accidental spills or leaks of crude oil, petroleum products, or other organic materials, and the disposal of absorbent materials used in their removal, if no other economically feasible means of disposal is available and practical. Permission shall be obtained from the Cabinet prior to burning;
11. Fires set for disposal of natural growth for land clearing and maintenance, and trees and tree limbs felled by storms if no extraneous materials, such as tires or heavy oil which tend to produce dense smoke, are used to cause ignition or aid combustion and the burning is done on days when conditions do not pose a threat of igniting a forest fire;
12. Heating ropes that are set on fire to repair steel rails during cold weather; and
13. Fires set by county or municipal governments to dispose of wood waste or clean lumber.
(c) Open burning is prohibited to the extent that it causes inconvenience, annoyance, irritation, bother, or difficulty to other persons or property.
(d) Pursuant to state law it is illegal to burn animal bedding; hay; muck piles; grass clippings; agricultural plastic; barns; trailers; asbestos material; construction debris; renovation debris; shingles; buildings; drywall; animal or vegetable matter; plastic; coated paper products; cans; glass; fenceposts; sawdust; wood mulch; painted, stained or pressure-treated woods; wood chips; wood shavings; chemical containers; insulation; carpet; tires; coated wire; furniture; rubber; used goals; and industrial waste of any type. For a more comprehensive list of items which are illegal to burn, contact the Kentucky Division for Air Quality. Open burning of any materials prohibited under state law is prohibited.
(e) Open burning is prohibited:
1. Within fifty (50) feet of any structure;
2. Near land fills;
3. Near a stream or sinkhole;
4. Under or near utility lines; and
5. On windy days.
(f) No person shall violate KRS 149.370 (acts creating fire hazards in forest); KRS 149.375 (Setting fire on own land); KRS 149.380 (setting fire on land owned by another) or any other law adopted by the Commonwealth of Kentucky related to fire hazards.
(g) Penalties for open burning in violation of this division are set forth in § 92.20. Violators shall be assessed the cost of suppression of fires in violation of this chapter. Manpower hours cost shall be assessed to the violator(s) in the sum of the actual cost thereof including overtime hours and all benefits provided. Equipment cost shall be assessed to the violator(s) in a sum equal to the schedule of equipment rates adopted by the U.S. Department of Homeland Security and FEMA as the same may change from time to time. Violators are entitled to an appeal before the Code Enforcement Board pursuant to the procedures provided for in §§ 92.16(G) and 92.17.
(B) Commercial premise nuisance. It shall be unlawful within the city for the owner, lessee, lessor, occupier or person having control or management of any commercial premises to permit a public nuisance as described in division (A) above. Additionally, a public nuisance on a commercial premises open to the general public shall include but not be limited to failing to maintain proper lighting, parking, directional signage, roadways, roadway surfaces and parking surfaces or permitting any unsafe condition in violation of the Kentucky Building Code, the Kentucky State Plumbing Code and/or the International Property Maintenance Code or the Americans with Disabilities Act (ADA). Violations of this section relating to commercial premises nuisances shall be designated as a “commercial premises nuisance violation.” A commercial premise shall include residential apartment houses, buildings, or complexes consisting of two (2) or more apartments.
(1) All roadways and/or streets not maintained by the City of Pikeville or other governmental agency providing ingress and egress to a commercial establishment open to the public and its parking surfaces therefor shall at all times be maintained in good order free of potholes or other defects which may be fall or trip hazards or are dangerous to vehicular traffic.
(2) All roadways and/or streets not maintained by the city or other governmental agency parking lot for commercial premises shall at all times be regularly inspected no less than on a daily basis for trash, litter, garbage, refuse, obnoxious materials or waste of any kind and when discovered during inspection immediately removed. The city recommends that commercial establishments operating commercial premises designate personnel to be assigned to conduct regular inspection of the commercial premises parking facilities, roadways and streets on no less than a daily basis to remove trash, litter, garbage, refuse, obnoxious materials or waste of any kind and to otherwise look for unsafe conditions warranting remediation.
(3) All roadways and/or streets not maintained by the city or other governmental agency providing ingress and egress to a commercial establishment open to the public and parking lot shall be properly lighted so to provide for the safety and security for pedestrians and vehicular traffic and any lighting in disrepair or not functioning shall immediately be repaired.
(4) All lighted signs upon a commercial premise shall be maintained and fully lighted during times of darkness.
(5) All ADA compliant handicap parking shall be well marked and posted with signs designating handicap parking.
(6) All parking lot striping, marking and other directional markings and signage shall be maintained in good order and state of repair so to be visible to the public.
(7) Trash receptacles shall be placed in convenient location to reduce the likelihood that trash will be discarded next to vehicles or as litter. Trash receptacles are to be regularly emptied and not allowed to be overflowing with trash or other litter.
(Ord. 0-2016-14, passed 8-22-16; Am. Ord. 0-2018-03, passed 3-12-18; Am. Ord. O-2019-11, passed 4-8-19; Am. Ord. O-2019-13, passed 5-13-19; Am. Ord. O-2020-01, passed 2-24-20)