For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLES. Any vehicle left upon a street, alley, or other way of the city longer than 96 hours, incapable of moving under its own power, not bearing current license plates or having 1 or more flat tires, or partially dismantled shall be presumed to have been “abandoned.”
DANGEROUS CONTAINERS. Any refrigerator, icebox, or other device having an automatic lock on a compartment large enough to enclose a human being, and from which the door has not been removed, shall be presumed to have been “abandoned,” if exposed at any place accessible to children.
JUNK. Any worn-out, discarded, or abandoned materials, including, but not limited to, refuse, rubbish, old rags, metals, rubber, glass, parts of machines and vehicles, refrigerators, waste paper, cloth, and textiles having only salvage value. An accumulation of 1 or more partially dismantled or wrecked automobiles or portions thereof not capable of moving under their own power, plainly not under repair for a period of more than 48 hours or not bearing license plates of the current year, shall be prima facie considered JUNK.
JUNK, UNSHELTERED. Junk placed upon, permitted to be placed, or to remain more than 30 days upon any property for which a junkyard license is not held, except the property which is securely enclosed against trespassing and surrounded by buildings or a solid fence, adequate to obscure the junk from public view. The use of a tarp to “shield” the junk shall not be acceptable means. Up to 3 cubic yards of junk shall be permissible if it is neatly stacked or arranged in an orderly fashion. Neatly stacked firewood is permitted in any quantities provided the stacks are no higher than 6 foot and a minimum of 10 foot away from structures on adjoining property. If the contents of any unlicenced junkyard shall be piled higher than the obscuring fence or building, the storage shall be deemed to be unsheltered.
NUISANCE.
(1) Any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition, or thing in the city either:
(a) Injures or endangers the comfort, repose, health, safety, morals, and welfare of others;
(b) Interferes with the exercise and enjoyment of public rights, including the right to use public property;
(c) Offends decency;
(d) Is offensive to the human senses of sight, sound, or smell;
(e) Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; and/or
(f) Interferes with the security or comfortable enjoyment of life and property.
(2) Any definition of declaration by the City Commission of a
NUISANCE or “public nuisance” in any provision of this code or other ordinance of the city shall be included within the definition of the word NUISANCE, for the purpose.
PERSON. Any PERSON, firm, partnership, association, corporation, company, or organization of any kind.
PROPERTY. Any real property within the city which is not a street, highway, or alley.
STREET, HIGHWAY, OR ALLEY. The entire width between the property lines of every dedicated way, whether open to public travel or not, including, but not limited to, the portion of the way actually opened or capable of being opened for vehicular travel.
VEHICLE. A machine propelled or intended to be propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners, or slides, and to transport persons or property or pull machinery, including, but not limited to, the VEHICLES as an automobile, truck, trailer, motorcycle, tractor, buggy, and wagon.
WAY. All dedicated streets, highways, and alleys within the city, whether presently opened for vehicular travel or other public use or not, including all portions of the way between the property lines on either side of the way.
(Ord. 893, passed 10-12-1999)