For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED, WRECKED, JUNKED OR DISMANTLED VEHICLE, EQUIPMENT OR MACHINERY. Every vehicle, machine or piece of equipment which is not being used for its manufactured or intended purpose and has been discarded, abandoned, wrecked, stored, junked, dismantled or partially dismantled, including parts thereof.
ACCUMULATE. To store, gather, collect, heap or pile up.
ATTRACTIVE HAZARD. The open storage on property of any container that may attract children and having a compartment of more than one and one-half cubic feet capacity and a door or lid that locks or fastens automatically when closed and cannot be easily opened from the inside.
DANGEROUS STRUCTURE/CIRCUMSTANCE. Any dangerous, decaying, unkempt, falling or damaged residential dwelling or other structure suitable for human occupancy, including unsecured dwellings, garages, carports, sheds, foundations and open trenches and ditches, excluding any structure related to an agricultural or farming operation.
COMMUNITY DECAY. A public nuisance created by allowing rubble, debris, junk or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property. COMMUNITY DECAY does not include:
(1) Normal farming, ranching or other agricultural operations or to a farm, ranch or other agricultural facility and any appurtenances thereof, during the course of its normal operations;
(2) Normal activities at a shooting range;
(3) Persons servicing, manufacturing or processing materials, goods or products on lots in public view, so long as the materials used in the normal operation of the business are neatly stacked or piled; or
(4) Normal residential maintenance or landscaping.
COMMUNITY UPKEEP STANDARDS. Those standards which may be adopted by the City Community Upkeep and Beautification Committee in order to provide guidance to the Department as to the application of this chapter.
DEPARTMENT. The city office that will respond to community decay complaints, including the fire, police and public works or any other office designated by the City Council.
ENFORCEMENT OFFICER. A city police officer or any other employee of the city that the Mayor designates to carry out the responsibilities identified herein within the city’s zoning jurisdiction.
FIRE HAZARD. Where owing to the existence of solid waste or waste, dried grass, weeds or shrubbery, or dilapidated or deteriorated unsecured structures, the condition of the property is likely to cause a fire.
GRAFFITI. Any unauthorized inscription, word, figure, painting or other defacement on any surface of public or private property that was not authorized in advance by the owner. AUTHORIZED GRAFFITI may also be deemed a nuisance by the City Council.
HOBBYIST PERMIT. A permit is for the restoration or repair of one non-operating, wrecked, junked or partially dismantled vehicles on any premises used for residential purposes may be granted to the resident of such premises as follows.
(1) Application for the
HOBBYIST PERMIT shall be filed in writing with the City Clerk on a form provided by the city and shall contain the name and address of the applicant and the make, model, year and vehicle identification number of the vehicle to be restored or repaired.
(2) The vehicle to be restored or repaired shall be owned by the applicant.
(3) The permit shall cover the vehicle only and does not authorize the storage of miscellaneous vehicle parts or junk contained in, on or near the vehicle.
(4) The fee for such
HOBBYIST PERMIT shall be $50.
(5) The permit shall expire on the one hundred-eightieth day following the date of issuance thereof.
(6) The
HOBBYIST PERMIT for the vehicle shall be renewable one time only upon payment of the $50.
INOPERABLE. With respect to any vehicle, the inability of all significant mechanical and electrical systems on such vehicle to operate properly and dependably, or the absence of any significant parts. With respect to wheeled and/or motorized vehicles, and where applicable, INOPERABLE means the inability of any of the following systems to operate properly and dependably, or the absence of such parts: tires, wheels, brakes, engine, ignition, transmission, suspension, steering, windows, windshield, horn, muffler, rearview mirror, windshield wiper, service brakes, parking brakes, headlights, brake lights, turn signals.
JUNK. The open storage of old appliances, equipment or parts thereof, old iron or other scrap metal, automobile or truck tires, cardboard, old lumber or scrap wood, rags, rope, paper, debris, rubble, batteries, rubber debris, mattresses or any worn out, cast off or discarded article or material which is ready for destruction or has been collected or stored as salvage, for conversion to some other use or for reduction into components and is not part of a commercial or public salvaging or recycling operation.
JUNK VEHICLE. Any discarded, ruined, wrecked or dismantled motor vehicle including components parts, that is not lawfully and validly licensed and remains inoperative incapable of being driven.
(MCA 75-10-501(4))
OBJECT. Any material, substance or composition not yet classified as waste, solid waste or a fire hazard but which may subsequently be determined to be waste, solid waste or a fire hazard. OBJECT, though used in the singular term, can also mean the plural when circumstances require.
OBSTRUCTION TO THE PUBLIC RIGHT-OF-WAY. The placement of any debris, refuse, rubble, dirt, gravel, soil, fence, junk, junk vehicle or other personal property so as to obstruct traffic, drainage, pedestrians or otherwise safe and open access to such right-of-way.
OWNER. Owner of the title to real property or the contract purchaser of real property as shown in the last available complete assessment roll in the office of the County Assessor.
NUISANCE WEEDS. All uncontrolled growth of vegetation of every kind and nature over 12 inches in height, not grown for purposes of landscaping or food production. “Noxious weeds”, as defined by state law, are not included in this definition.
PERSON. Every natural person, firm, partnership, company, association or corporation, city, town, county or any other entity whether organized for profit or not.
PUBLIC NUISANCE. A nuisance which affects, at the same time, an entire community or neighborhood or any other considerable number of persons, although the extent of the annoyance or damage inflicted on individuals may be unequal.
PUBLIC RIGHT-OF-WAY. A private property that has been dedicated to the community for the purpose of public usage for things such as, but not limited to, motorized access, non-motorized and pedestrian access, trails, common areas, utility placement and other forms of community benefit.
PUBLIC VIEW. Any point, six feet above the surface of the center of any public street, road alley, property, right-of-way, walking path, private road in platted subdivisions and mobile home parks from which the community decay can be seen.
RESPONSIBLE PARTIES. Any person who alone, jointly or severally with others: has legal or equitable interest in real or personal property including, but not limited to, tenants or lessees acts as the agent of a person having a legal or equitable interest in real or personal property.
SHIELDING. Fencing or other fabricated barriers to conceal a facility from public view. It also refers to natural barriers.
SOLID WASTE. All putrescible and non-putrescible waste including, but not limited to, garbage, rubbish, refuse, demolition wastes (including wood, bricks, concrete, used road black top and other similar materials), ashes, wastepaper and cardboard, sewage, sludge, septic tank and cesspool pumpage or other sludge, commercial, industrial, construction waste, discarded home and industrial appliances, manure, bird droppings, vegetable or animal solid and semi-solid wastes, dead animals and other waste.
UNLICENSED. With respect to any vehicle which is required to be registered under state law with the Department of Justice, Motor Vehicle Division, the absence of the appropriate license tags and/or stickers attached to such vehicle showing a current registration.
VEHICLE. Any automobile, car, truck, all-terrain vehicle, motorcycle, tractor, trailer, pole trailer, bus, camper, motor home, travel trailer, recreational vehicle, snowmobile, boat or other watercraft.
WASTE. Useless or discarded materials.
(Ord. 2017-02, passed 7-17-2017)