Section
General Provisions
90.001 Authority
90.002 Purposes
90.003 Enactment
90.004 Conflicting ordinances
90.005 Definition
90.006 Illustrative enumeration
90.007 Creation prohibited
90.008 Notice to abate; contents and service
90.009 Abatement by town
90.010 Payment of costs
90.011 Effective date
Health Regulations Generally
90.025 Enforcement of this chapter under supervision of County Health Officer
90.026 Unlawful to hinder Health Officer or assistants
90.027 Right to enter
90.028 Property kept clean
90.029 Human waste
90.030 Stagnant water
90.031 Sale of food; eating establishments
90.032 Debris from construction
90.033 Spitting on sidewalks
90.034 Buildings unfit for human habitation
Nuisances Generally
90.045 Unreasonably loud noise prohibited
90.046 Noises expressly prohibited
90.047 Firearms regulated
90.048 Posting bills; other advertising
90.049 Firebombs and Molotov cocktails prohibited
90.050 Open burning regulated
Abandoned, Junked and Nuisance Motor Vehicles
90.060 Definitions
90.061 Abandoned, junked or nuisance vehicles unlawful; removal authorized
90.062 Pre-towing notice; appeal; removal without notice
90.063 Post-towing notice
90.064 Right to probable cause hearing before sale or final disposition of vehicle
90.065 Redemption of motor vehicle during proceedings
90.066 Sale and disposition of unclaimed vehicle
90.067 Immunity
90.068 Exceptions to provisions
Weeds, Hedges, Tall Grass and Other Vegetation
90.090 Definitions
90.091 Weeds or vegetative nuisance unlawful
90.092 Trimming plants at intersections
90.093 Destruction of trees or bushes
90.094 Trimming plants extending over streets
90.095 Removal of unsafe trees by owner
90.096 Notice to abate
90.097 Contents of notice
90.098 Service of notice
90.099 Persons liable
90.100 Abatement by town
90.101 Payment of costs
90.102 Appeal of order of abatement of nuisance
Rubbish and Litter
90.115 Definitions
90.116 Litter in public places
90.117 Polluting rivers
90.118 Scattering rubbish
90.119 Placement of litter in receptacle so as to prevent scattering
90.120 Sweeping litter into gutters prohibited
90.121 Merchants’ duty to keep sidewalks free of litter
90.122 Litter thrown by persons in vehicles
90.123 Truck loads causing litter
90.124 Litter in parks, lakes and fountains
90.125 Litter on occupied and vacant private property; owner’s duty
90.126 Clearing of litter from private property by town
Disorderly Conduct
90.140 Disturbing public meetings
90.141 Drinking in public
90.999 Penalty
GENERAL PROVISIONS
It is the intent of this chapter and its subsequent subchapters, to encourage a clean, healthy and satisfying environment for its citizens, one free from nuisances, eyesores, unhealthy or devaluating conditions. To these ends, this chapter seeks to regulate, identify and provide a means to enforce the regulations to protect the health, safety and welfare of residents and property owners.
(1987 Code, § 8-1-02)
For the purposes cited above and for the general purposes of promoting the health, safety and general welfare of the town, the Board of Aldermen of the town does hereby ordain, adopt and enact this chapter in its entirety, including text, and all regulations, all of which shall be known as the “Richlands Nuisance Ordinance”. This chapter shall apply to all land within the corporate limits of the town.
(1987 Code, § 8-1-03)
All ordinances or parts of ordinances in conflict with this chapter or inconsistent with its provisions, specifically including previous ordinances of the town or amendments thereto, are hereby repealed or superseded to the extent necessary to give this chapter full force and effort.
(1987 Code, § 8-1-04)
For the purposes of this chapter, the word NUISANCE is hereby defined as 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 either:
(A) Injures or endangers the welfare, health or safety of others;
(B) Offends decency;
(C) Creates offensive odors;
(D) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
(E) In any way renders other persons insecure in life or the use of property; or
(F) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(1987 Code, § 8-1-10)
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(A) Weeds or vegetation allowed to grow to a height greater than eight inches on the average, or any accumulation of dead weeds, grass or brush, on any occupied or unoccupied lot or land that may provide safe harborage for rats, mice, snakes and other vermin;
(B) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things;
(C) The carcasses of animals or fowl not disposed of within a reasonable time after death;
(D) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
(E) All noises which may annoy or permit others in their enjoyment of the use of their property;
(F) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches, including smoke and fires;
(G) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances;
(H) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained;
(I) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground; and/or
(J) Any method of human or animal excreta disposal which does not conform to the provisions of this code, state law or town ordinance, rule or regulation.
(1987 Code, § 8-1-11)
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