(A) For the purpose of this subchapter, it shall not be essential that the nuisance be created or contributed to by the owner, or tenants, or their agents or representatives, but it shall suffice if the nuisance be created or contributed to by licensees, invitees, and guests, habitual trespassers, or other persons whose presence on the premises is subject to the control of the conduct they have been made aware, or ought to have become aware, by the exercise of reasonable care.
(B) It shall be unlawful, inside the corporate boundaries of the town for any person, firm, partnership, or corporation:
(1) To store or keep junk vehicles or automobile parts on a public right-of-way or on a private or public lot exposed to the view of the general public;
(2) To put, throw, dump, leave, or deposit or to cause or allow the putting, throwing, dumping, leaving, or depositing of junk, scrap of any kind, rags, debris, or junk vehicles in or upon or within the limits of any street, alley, sidewalk, thoroughfare, or public way;
(3) To allow any premises owned, occupied, or controlled by him or her to become or remain in any filthy condition or the permission of the use or occupation of same in such a manner as to create noxious or offensive smells or odors in connection therewith, or the allowance of the accumulation or creation of scrap, junk, rags, or other unwholesome and offensive matter or the allowance of the breeding of flies, rodents, or other vermin on the premises to the menace of the public health or the annoyance of people residing in the vicinity;
(4) To permit any building, house, or structure owned by same to become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair or that due to lack of adequate maintenance or neglect it endangers the public health, welfare, or safety, or materially devalues and interferes with the peaceful enjoyment by owners on occupants of adjacent property;
(5) To erect, use, or maintain a dwelling which is unfit for human habitation. A DWELLING shall include any part of any building or its premises used as a place of residence or habitation or for sleeping by any person. A dwelling is UNFIT FOR HUMAN HABITATION when it is dangerous or detrimental to life or health because of want of repair, defects in the drainage, plumbing, lighting, ventilation, or construction, infection with contagious disease, or the existence on the premises of an unsanitary condition likely to cause sickness among occupants of the dwelling;
(6) To cause or allow any tree, stack, or other object to remain standing upon such premises in such condition that it shall, if the condition is suffered to continue, endanger the life, limb, or property or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof;
(7) To permit to emit from premises into the surrounding atmosphere such odors, dusts, smoke, or other debris as to render ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible;
(8) To allow any pool of stagnant water to accumulate and stand on any property;
(9) To make or cause to be made any noise noxious enough to destroy the enjoyment of dwelling houses or other uses of property in the vicinity by interfering with the ordinary comforts of human existence, including, but not limited to, continual pounding, continual barking by one or more dogs, unnecessary sounding of horns, racing the motor or causing the screeching or squealing of tires on any vehicles, radios, or phonographs or televisions, and sound trucks or public address systems. The temporary use of machinery for the use of lawn maintenance, landscaping, bush trimming and removal, tree trimming and removal, weed cutting, construction, and snow removal equipment shall be an exception to the above prohibited noise as long as it is during normal waking hours, or in the case of a recognized emergency;
(10) To cause or allow debris, junk, noxious weeds, such an accumulation on any premises of filth, trash, garbage, or other waste materials that it endangers the public health, welfare, or safety or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents, or insects or its blowing into any street, sidewalk, or property of another. It shall be the duty of persons owning or being in charge of those business establishments whose patrons purchase goods of services from their automobiles, commonly known as drive-ins, to furnish sufficient covered receptacles for the deposit of wastes created in the operation of such business and to clean up such wastes as are not deposited in receptacles at the close of business of each day (if such business operates continuously, at least once each day) and at such other times when weather conditions are such that waste from the operation of such business is being blown to adjoining premises;
(11) To store or allow on the premises such combustible or explosive material as to create a safety hazard to other property or persons in the vicinity (automotive fuels in underground storage are exempt from this restriction);
(12) To maintain or allow any unlocked refrigerator or upright or chest type freezer, any open or uncovered, or insecurely covered, cistern, cellar, well, pit, excavation, or vault situation upon private premises in any open or unfenced lot or place;
(13) To maintain or allow the growing of trees with less than 14 feet clearance over streets or less than eight feet over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street;
(14) It shall be required of, and made the duty of, each and every person, firm, or corporation having the management or control or being the owner, occupant, or agent of any lot, parcel of ground, or tract of land located within the town, to destroy tall grass, weeds, or noxious or noisome vegetation by mowing or killing them by flame or chemical as necessary so that the grass, weeds, or vegetation do not attain a height of more than eight inches from the ground, but said grass, weeds, or noxious, noisome, or offensive vegetation shall be destroyed by mowing or killing, no less often than four separate and distinct time each year, with each separate and distinct time being at least one month subsequent to the last mowing or killing and prior to May 1, June 15, August 1, and September 15 of each year hereafter. The failure to do so, by any person, firm, or corporation, shall constitute a civil violation of this subchapter;
(15) To allow, cause, or permit the parking or stopping of a vehicle of any kind on a sidewalk, walkway, or path that would prohibit the use of said sidewalk, walkway, or path in whole or in part by the pedestrian traffic. Bicycle parking racks in those areas specified by the Town Council are exempt from this restriction;
(16) For any person or entity not residing within the corporate limits of the town to use the vegetation and brush waste area for personal use; and/or
(17) For any person or entity to use the vegetation and brush waste area in a manner other than as it is designated for the placement of vegetation and brush. It shall be unlawful for any person or entity to dump hazardous materials or foreign objects other than vegetation and brush, including, but not limited to, prohibited items designated in § 131.17.
(2000 Code, § 5-3) (Ord. 1980-1, passed 8-12-1980; Ord. 1988-6, passed 8-22-1988; Ord. 2003-1, passed 3-3-2003; Ord. 2007-2, passed 4-10-2007; Ord. 2009-4, passed 5-12-2009; Ord. 2010-4, passed 12-14-2010; Ord. 2016-04, passed 5-10-2016) Penalty, see § 131.99