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A. Definitions: For the purpose of this code, the word "rubbish", "refuse", "junk", or "litter" shall mean and include all types of rubbish, including grass clippings, leaves, hay, straw, manure, shavings, excelsior, paper, ashes, silt, discarded furniture, discarded appliances, containers, boxes, glass, cans, bottles, garbage, trash, scrapped material and parts, junked parts, waste and discarded building and construction material, including, but not limited to, plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire, or metal binding, litter, sacks or loose, discarded or unused material; and all rubbish of any kind or nature whatsoever; and any other materials commonly known as rubbish or refuse of any kind or character or by any means known. The term "rubbish" or "refuse" shall not include nonhazardous, nontoxic, organic materials contained in compost bins or piles or stored "mulch" commonly accepted and used by organic gardeners, landscapers, and owners or tenants of property for private use in yards, gardens, flowerbeds, landscaping, or similar legitimate use.
B. Deposit Of Rubbish, Refuse, Junk And Litter On Property Prohibited: No person, landowner, tenant, entity, or one otherwise in possession or control of real property located within the town of Simla, shall deposit or place, or allow others to deposit or place, on his or her property, any rubbish, refuse, junk, or litter in such a manner that the same is or tends to become a nuisance, or which creates a foul odor, aesthetically unpleasing, unsanitary, unhealthy, or dangerous or potentially dangerous condition upon the property or to surrounding properties.
C. Allowing Rubbish, Refuse, Junk And Litter Prohibited: No person, landowner, tenant, entity, or one otherwise in possession or control of real property located within the town of Simla, shall in any manner allow rubbish, refuse, junk, or litter to be located upon any public street, right of way, alley, sidewalk, curb, gutter, wastewater facility, or other public place, or upon his or her own property or premises, or the property or premises of another.
D. Obstruction Of Streets And Alleyways Prohibited: It shall be unlawful for any person to attempt to take action, or to cause in any way the obstruction, blockage or in any way to inhibit the use of the town's streets, alleyways or other property. Any such obstruction shall be deemed to be a public nuisance and the town may take such immediate action as is necessary to restore the public's use of the street, alleyway, or property, assessing the cost thereof to the person or entity unlawfully obstructing, blocking, or otherwise inhibiting the use of the town's streets, alleyways, or other public property.
E. Removal Of Dead Animals: It shall be the responsibility of any landowner, tenant, or other person in possession of real property within the town to remove and properly dispose of the body of any pet or other animal that may die while on the property or while under the control, possession, or care of the person in possession of property.
F. Stagnant Water: It is the responsibility of property owners within the town to prevent standing water on the property to the extent that the water becomes stagnant, foul smelling, or otherwise become a breeding place for mosquitoes, other harmful insects, or disease.
G. Explosive Or Inflammable Materials: Any owner, either of a residence or business, which includes in or outside of such residence or business, materials which have been determined by the chief of the fire department, building inspector, a code enforcement officer (or similar town employee), or the chief of police to be highly explosive or inflammable, shall not be allowed to maintain such materials at his or her residence or business, unless he or she has reasonably demonstrated to the appropriate town officer, that such materials can be maintained in accordance with applicable fire codes, building codes, and other relevant codes, in a safe manner. (Ord. 246, 10-5-2004)