(A) The following conditions within the town are hereby declared nuisances:
(1) Putting, throwing, dumping, leaving or depositing or causing to be put, thrown, dumped, left or deposited any paper, boxes, tin cans, brush, brick, wood, glass, dirt, sand, gravel, grass, leaves or debris or rubbish of any kind or character, in or upon or within the limits of any street, alley, sidewalk, thoroughfare or public way in the town.
(2) The growing and maintenance 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 and the property lie 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.
(B) (1) Any person who creates, maintains or permits any nuisance of the type described by division (A)(1) above shall be ordered to abate that nuisance in the manner prescribed for the abatement of Class A nuisances, as provided by § 92.25 and upon refusal or failure to do so shall be subject to the same penalties and further liabilities as prescribed by § 92.99.
(2) Any person who creates, maintains or permits any nuisance of the type described by division (A)(2) shall be ordered to abate that nuisance in the manner and in accordance with the procedures appurtenant to the abatement of Class B nuisances as provided by § 92.26 and, upon refusal or failure to do so, shall be subject to the same further procedures for enforcement and/or penalties as prescribed by § 92.27 and 92.99.
(C) For the purposes of this section, it shall not be essential that the nuisance be created or contributed to by the owner or tenants or their agents or representatives, but merely that the nuisance be enacted or contributed to by licensees, invitees, guests or other persons for whose conduct the owner or operator is not responsible but for which conduct the owner or operator ought to have become aware, by the exercise of reasonable care.
(D) For the purpose of carrying the provisions of this section into effect it is hereby made the duty of all officers and employees of the town to report the existence of nuisances to the Town Council or the Town Marshal, and for this purpose the Town Marshal, or other employees designated by the Council, shall be permitted to visit, enter into or upon any building, lot, grounds or premises, within the limits of this town to ascertain and discover any such nuisances and to make examination thereof.
('85 Code, § 8-10-4) (Ord. 1966-C-1, passed 7-26-66; Am. Ord. 1985-C22, passed 9-16-85)