For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT AUTHORITY. The President of the Town Council and his or her agents or appointed representatives including, but not limited to, the Town Police Department and its duly appointed officers.
HEALTH DEPARTMENT. The County Health Department.
LITTER. Includes any human-made or human-used waste, which, if deposited within the town otherwise than in a litter receptacle, tends to create a danger to public health, safety, and welfare or tends to impair the environment or aesthetic well-being of the community. LITTER shall include, but not be limited to, garbage, trash, refuse, debris, grass clippings, or other lawn or garden waste, paper products, glass, metal, plastic or paper containers, motor vehicles parts, furniture, appliances, carcasses of dead animals, or other waste material of an unsightly, unsanitary, nauseous, or offensive nature.
NUISANCE. Defined as set out in I.C. 32-30-6-6, to-wit: whatever is injurious to health; indecent; offensive to the senses; or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property.
OBSTRUCTIONS. No person, corporation, or sole proprietorship shall obstruct or endanger, or permit anything to obstruct or endanger the free passage or proper use by the public of any street, sidewalk, alley, or public place, except as may be permitted by this code; however, goods, wares, and merchandise may be placed on sidewalks for such reasonable time as may be necessary for loading and unloading them if they are removed within 24 hours.
OF RECORD. Recorded in the records of the Recorder of the county, or in the records of the Auditor of the county.
PERSON. Any individual, firm, association, partnership, or corporation.
PRIVATE PREMISES. All property, including, but not limited to, vacant land or any land upon which is located one or more buildings or other structures designated or used for residential, commercial, business, industrial, institutional, or religious purposes, together with any yard, grounds, walks, driveways, fences, porches, or other structures or improvements appurtenant to the land, except any public place.
PUBLIC NUISANCE. Any condition within the town which is injurious to the health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Any machinery not connected with the operation of a household or business, or any equipment, refrigerator, or freezer with doors intact, in any open or unfenced place, or in any building or structure to which the public has access is a PUBLIC NUISANCE.
PUBLIC PLACE. Any and all streets, curbs, gutters, sidewalks, and all public parks, lakes, spaces, publicly owned rights-of-way, grounds, or buildings within the corporate limits of the town, or owned by the town.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this subchapter, including a fee interest, a life estate interest, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.
TOWN. All areas within the municipal boundaries of the town as of the date of this passage, and as thereafter amended or changed by annexation.
(Prior Code, § 34-1-52-1) (Ord. 5-3-77, passed 5-3-1977; Ord. 2020-10, passed 10-27-2020)
Statutory reference:
Nuisances defined, abatement procedure, see I.C. 32-30-6-6