(A) It shall be unlawful for the owner, occupant or any person having control or management of any public or private land within the city to allow a public nuisance to exist or develop thereon.
(B) It shall be unlawful for any person to create, or to engage in conduct that constitutes, a public nuisance.
(C) Without limiting the generality of the definitions set forth in § 90.01, the following conditions are declared to be public nuisances under the provisions of this chapter:
(1) The overgrowth of weeds or grass on a property. In the context of weeds, OVERGROWTH shall mean a circumstance in which weeds are ten inches in height. In the context of grass, OVERGROWTH shall mean a circumstance in which grass has grown to ten inches in height.
(2) Trees, bushes or other vegetation that interfere with public sidewalks. The growth of tree branches is deemed to interfere with access to a public sidewalk when the branches of a tree on private property protrude over a public sidewalk at a height less than seven feet from the sidewalk.
(3) Trees, bushes, or other vegetation that interfere with public rights-of-way. A tree, bush, other vegetation is deemed to interfere with public rights-of-way when it, or any part of it, blocks all or any part of a public right-of-way, or otherwise endangers the life, limb or property of anyone using the public ways of the city. It shall be the responsibility of any owner, tenant, or other person having charge of property within the city upon which any tree, brush, or other object is located, to remove that tree, brush, or other object if it is dead, and it interferes with, blocks the public right-of-way, or otherwise endangers the life, limb, or property of anyone using the public ways of the city, or interferes with the peaceful, quiet, enjoyment of neighboring properties.
(4) Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash, garbage or other waste material which 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 that it will catch or communicate fire, attract and propagate vermin, rodents or insects, or blow rubbish into any street, sidewalk or property of another.
(5) Dumping. It shall be unlawful for anyone to dump garbage, ashes, paper, or other refuse upon any public or private grounds within the city.
(6) Criminal activity, as defined in § 90.03.
(7) Open burning without a permit. No person shall burn refuse, trash, lumber, leaves, grass, straw, or any other combustible material in any street, alley, lot, yard or other place within the city unless he or she has first secured a written permit to do so, for a limited period of time, from the Fire Chief. This provision shall not apply to the use of a fire pit on private property, so long as the fire pit is not larger than 48 cubic feet.
(8) Loud and unnecessary noise. No person shall make, continue or cause to be made or continued any loud, unnecessary, or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. Without limiting the generality hereof, the following are specifically deemed to be in violation of this division (C)(8):
(a) The playing of any radio, phonograph, or other musical instrument in any manner or with the volume, particularly during hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of any person in any dwelling or in any of the yard thereof, hotel or other type of residence.
(b) The conducting, operating or maintaining of any garage or service station in any residential area so as to cause loud or offensive noises to be emitted therefrom between the hours of 10:00 p.m. and 7:00 a.m.
(D) In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and in the statutes of Kentucky as public nuisances may be treated as such and be proceeded against as is provided in this chapter or in accordance with any other provisions of law.
(Ord. 12-01, passed 1-18-2012) Penalty, see § 90.99