(A) It shall be unlawful for any person, including the owner or occupant of such premises, to permit or create a public nuisance on his or her premises or lot, or to allow a nuisance to remain on such premises or lot, or to create a public nuisance adjacent to his or her premises or in any public place which is so located upon the premises as to be readily visible from any public place or from any surrounding private property.
(B) Nuisances affecting health. The following are declared to be examples of such nuisances, including but not limited to:
(1) Garbage, trash or refuse, except garbage, trash or refuse stored in authorized sealed receptacles specifically on designated trash collection days;
(2) Dilapidated or unusable furniture or furniture for “indoor use”;
(3) Bedding, bottles, glass, cans, cardboard, upholstered furniture manufactured for indoor use only, household appliances, or jars;
(4) Unusable or discarded iceboxes, refrigerators, stoves or other appliances;
(5) Unusable or discarded machinery or equipment or parts thereof;
(6) Used and discarded building materials;
(7) Lumber and building supplies not related to an active permit and not neatly stacked;
(8) Broken and discarded glass;
(9) Any other item which is either wholly or partially rusted, wrecked, junked, dismantled, discarded, or inoperative;
(10) Used or discarded clothing;
(11) Animal carcasses not buried or disposed of in a lawful and sanitary manner within 24 hours after death;
(12) All pools of stagnant water or vessels holding stagnant water in which mosquitoes can breed, excluding required retention pools;
(13) Swimming pools which either:
(a) Are empty, excluding such pools that are completely and effectively covered; or
(b) Contain liquids and/or debris which are not bacteriological, chemically or physically safe for swimming or other intended uses;
(14) Leaking septic tanks or sewer lines or other sewage existing in an unsanitary manner;
(15) Decayed vegetables and fruits;
(16) Any natural or manmade matter which causes an offensive odor;
(17) Dead, dying or damaged trees that present an imminent danger to life or property;
(18) Weeds or other rank growths of vegetation upon private or public property, and all other vegetation of any age of maturity which exceeds 12 inches in height (except for healthy trees, shrubs or plants grown in a tended and cultivated garden or plot regardless of height) that harbors, conceals or invites rodents, pests, and vermin or deposits of refuse; gives off noxious odors; or constitutes a fire or traffic safety hazard;
(19) Vacant lots when such properties abut residence or public rights-of-way; a minimum 40-foot strip shall be cleared and maintained. Where such clearing of the 40-foot strip results in more than 50% of the lot being cut, then the entire lot shall be required to be cut;
(20) Deliberate placement or discharge into any part of a storm water drainage system of:
(a) Untreated sewage; sewage solids; process wastewater; refuse; explosive or combustible liquids, solids or gasses; oil greases; or industrial water or other polluted water, except where a federal, state or local permit for connections allows discharge or disposal has been obtained prior to the event;
(b) Waters or wastes containing toxic or poisonous wastes to constitute a hazard to humans, plants or animals or to cause corrosion, discoloration or deposition on real or personal property; or
(c) Any solid or viscous substances in such quantities or such size capable of causing obstruction to the flow in the storm water drainage system or other interference with the proper operation of the drainage system of the town; and
(21) Anything that threatens or causes injury to the life or health of any person or significant damage to property.
(22) For purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
OUTSIDE A DWELLING OR OTHER ENCLOSED STRUCTURE. Any location that is not within the interior of a dwelling or other enclosed structure. Porches, balconies, decks, carports or other similar structures, unless completely enclosed, shall be deemed to be outside a dwelling or other enclosed structure. Temporary materials cannot be used to enclose a structure.
(C) Nuisances offending public decency, peace and order. The following are hereby declared to be public nuisances affecting public decency, peace and order whether such violations are of an intermittent, cyclical, continual, reoccurring or constant nature; and when the responsible party generates, enables, or contributes to the occurrence of the unlawful behavior by an absence or failure of property management policy or practice, absence or failure of control over the property, absence or failure of supervision of guests or invitees, or absence or failure of security measures.
(1) Any structure, whether commercial or residential, where gambling devices, slot machines, punch boards and other such contrivances of similar character involving any elements of chance as a consideration or any type of gambling, bookmaking, wagering or betting is carried on, and all gambling equipment, except where such specific form of gambling is permitted by applicable law;
(2) Any structure, whether commercial or residential, used and maintained for the commercial or criminal purposes of unlawful sexual activity in violation of federal, state or local law;
(3) Any structure, whether commercial or residential, where intoxicating liquors are manufactured, sold, bartered or given away in violation of federal, state or local law; or where intoxicating liquors are kept for sale, barter or distribution in violation of federal, state or local law, and all liquors, bottles, kegs, pumps, bars and other property are kept at and used for maintaining such a place; or where required safety plans are not in place; or where persistent violations of law occur under a failed or ineffective safety plan;
(4) Any structure, whether commercial or residential, where acts of sale, manufacture, possession or distribution of controlled substances occur in violation of federal, state and local law;
(5) Any structure, whether a commercial operation or a residential use, where violations against the federal, state or municipal laws occur with disproportionate frequency or intensity that they require an excessive public safety response cost.
(6) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
EXCESSIVE PUBLIC SAFETY RESPONSE. There has been:
1. The reasonable deployment of five (5) or more law enforcement officers to an emergency scene at any one time, or the reoccurring need for public safety or code personnel or emergency vehicles at the location when compared to the frequency or intensity of law or regulation enforcement required at other similarly situated structures;
2. More than two (2) situations of unsafe traffic or crowd control issues which result in the request of emergency assistance or the need for law enforcement assistance from an emergency situation; provided, however, this does not include when traffic control or crowd control is requested in advance of a scheduled event pursuant to a city issued permit or prior discussions with law enforcement;
3. More than six (6) citations, search warrants, or a combination of the two (2) executed at that structure for any of the following behaviors during any 12 month period:
a. Violation of any state or local alcohol law;
b. Violation of any federal, state or local narcotics law;
c. Violation of any state or local gun law;
d. Assaults; and/or
e. Crimes of violence against another person(s).
(D) Nuisances affecting public welfare and safety. The following are declared to be public nuisance affecting public welfare and safety:
(1) All trees, hedges, signs or other obstructions or any portion of the same so located on private property which prevent persons driving vehicles approaching an intersection of streets from having a clear, safe view of traffic approaching such intersection pursuant to the town Zoning Ordinance and subdivision regulations;
(2) All trees, hedges, signs or other obstructions or any portion of the same so located on private property which prevent the clear and unobstructed view of a fire hydrant, fire department or other fire protection device or directional or identification signage pertaining to the above from a public way;
(3) Any obstruction, erosion or depression which poses a potential hazard to vehicles or pedestrians using a right-of-way on private property where the public is invited or permitted to traverse for commercial purposes;
(4) Any wires, strings, ropes, lighting contrivances over streets, alley or public grounds, which are not authorized or permitted by the town or which are strung so that the lowest portion is less than 13 and one-half (13- 1/2) feet above the surface of the ground;
(5) All explosives, flammable liquids and other dangerous substances stored in any manner, in any amount other than that manner or amount permitted by law;
(6) Any hanging signs, awnings, canopies and other similar structures over the streets or sidewalks so situated or constructed as to endanger public safety or to be contrary to this code;
(7) Any motor vehicle that is unregistered, inoperable, derelict or abandoned on any highway or right-of-way or other public or private property, unless such vehicle is stored inside of a building; or
(8) Any abandoned or discarded icebox, refrigerator, ice chest or other type of air-tight container whose door, lid or other closing device has not been removed.
(E) Nuisances affecting public economy. The following are declared public nuisances affecting the public economy:
(1) All structures, including signs, that bear graffiti;
(2) All structures, including signs, with the majority of the surface in need of painting; re-lettering due to flaking, fading, or cracking or other conditions that make it unsightly; and
(3) All signs that do not apply to a currently licensed and operating business.
(F) Any violation of this chapter shall constitute a nuisance.
(1985 Code, § 26-201) (Am. Ord. 2020-04, passed 1-21-2020) Penalty, see § 94.99