The following, for purposes of this subchapter, are declared to be public nuisances:
(A) Snow or ice, rain, storm water, wastewater, fuel, oil or other lubricants, or other liquids, cast upon, diverted upon, or permitted to flow upon streets, public sidewalks or other public properties transferred;
(B) 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 public roads;
(C) 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;
(D) 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 or other ordinances or other applicable law;
(E) Barbed wire, razor wire, or any sharp iron points on any railing or posts;
(F) Discarded or irreparable machinery, household appliances, automobile bodies or other materials or related parts stored or kept in open view;
(G) Any well, hole, or similar excavation that is left uncovered or in such other condition as to constitute a hazard, including but not limited to puddles and other low areas where water accumulates and becomes stagnant;
(H) Litter garbage, trash, debris, leaves, grass clippings, compost or limbs, or other 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 this subchapter or other applicable ordinances of the town, for example, to allow for planned and scheduled collection by the town or its agents and contractors;
(I) 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 this subchapter or other applicable ordinances of the town, for example, in approved containers for trash and recyclables to allow for planned and scheduled collection;
(J) The discharging of the exhaust or permitting the discharge of tire 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;
(K) 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. 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;
(L) 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:
(1) A vehicle located on public property illegally;
(2) A vehicle left on public property without being moved for 24 hours;
(3) 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;
(4) 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;
(5) 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;
(6) 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;
(7) 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 subchapter, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible;
(8) A vehicle:
(a) That was repaired or stored at the request of the owner;
(b) That has not been claimed by the owner; and
(c) 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.
I.C. Chapters 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.
(M) All other uses and conditions of property that violate the town’s zoning ordinance, as codified in Chapter 152 of this code, pursuant to I.C. 36-7-4-1012, or are defined as public nuisances in other town ordinances.
(N) Additional definitions, for the purpose of this subchapter:
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, ashes, animal waste, animal carcasses, newspapers, magazines, glass, metal, plastic or paper containers, construction materials, scrap metal, discarded clothing, appliances, furniture, motor vehicle, trailer, and boat parts, or other nauseous or offensive matter, of any kind, that is not kept in a designated container that: 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.
(Ord. 394, passed 5-15-17) Penalty, see § 92.99