ORDINANCE NO. 516 - Public Nuisances

AN ORDINANCE DEFINING NUISANCES; PROVIDING FOR THEIR ABATEMENT; PRESCRIBING PENALTIES; AND REPEALING ORDINANCE NO. 507.

THE CITY OF PILOT ROCK ORDAINS AS FOLLOWS:

Section 1. Definitions.

Except where the context indicates otherwise, the singular number includes the plural and the masculine gender includes the feminine, and the following mean:

  1. Person. A natural person, firm, partnership, association, or corporation, whether he is acting for himself or as the clerk, servant, employee or agent of another.
  2. Person in charge of property. An agent, occupant, lessee, contract purchaser or person other than the owner having possession or control of the property.
  3. Public place. A building, way, place or accommodation, whether publicly or privately owned, open and available to the general public.
  4. Private place. Any place other than a public place as defined in subsection © above.
  5. Livestock animal. A horse, cow, mule, sheep, goat, hog, potbellied pig or any variation of pigs, or other like animal, but not including a dog, cat, household pet, rabbit or other like animal.
  6. Fowl. A duck, goose, chicken, pigeon, or other like bird.
  7. Wild or fur-bearing animal. All wild animals, and other animals raised for the fur, such as chinchillas, mink and similar animals.
  8. Keep. To provide food or shelter of a permanent or semi-permanent nature.
  9. Owner. Shall have the meaning commonly given to it.
  10. Corrosive substance. Any salt substance or other substance which has a corrosive effect.
  11. Salt. Shall have the meaning commonly given to it.

ANIMALS AND FOWL

Section 2. Livestock.

  1. No person may keep a livestock animal in a stable, building, corral, or enclosure located within 100 feet of a dwelling, school, church, hospital, public park, public playground, or public building.
  2. No person owning or having custody, possession or control of any livestock shall:
    1. Permit the animal to run at large on any of the public streets, highways, or other public places within the City; or
    2. Permit the animal to be herded, to be pastured, or to go upon the land of another without permission of the owner.
  3. This section shall not prohibit a person from riding, leading, or driving livestock along a public street or highway.

Section 3. Rabbit, Fowl, Wild or Fur-Bearing Animals.

No person may keep a rabbit, fowl, wild or fur-bearing animal within or about a building, structure, pen or enclosure located within 100 feet of a dwelling, school, church, hospital, public park, public playground, or public building.

Section 4. Area of Enclosure.

  1. No person may keep a livestock animal, except within an enclosure having a minimum area of 2,500 square feet for each animal.
  2. No person may keep a rabbit, fowl, wild or fur-bearing animal, except within an enclosure having a minimum area of 15 square feet of space for each such animal (rabbit or fowl).
  3. Sanitary Conditions Required. A livestock animal, a rabbit, fowl, wild or fur-bearing animals, shall be properly caged, fenced, or housed and maintained in a sanitary condition. Accumulations of manure, droppings and other materials soiled by animal or fowl waste shall be collected at least once a week and immediately deposited in flyproof containers and disposed of in such a manner as to prevent and eliminate fly-breeding and nuisance conditions. The presence of live larvae of flies on or about such places or premises is prima facie evidence of the reproduction or propagation of flies and of the keeping or maintaining of such places or property in violation of this section.

Section 5. Diseased Animals.

  1. No person may permit an animal or bird owned or controlled by him that is infected with a communicable disease, to run at large.
  2. An animal or bird infected with a communicable disease that is dangerous to the public may be summarily seized by the police. After certification by a licensed veterinarian or the city health officer that the animal or bird is incurable and dangerous, the police shall dispose of the animal or bird in a humane manner.
  3. Expense, including veterinarian fees, food, medicines, and housing, incurred by the city in keeping a diseased animal or bird, shall be charged to the owner or person controlling the animal and shall be collected before the release of the animal or bird.

Section 6. Dangerous Animals; Removal of Animal Carcasses.

  1. No person may permit a wild or domesticated dangerous animal owned or controlled by him to run at large.
  2. No person may permit an animal carcass owned or controlled by him to remain exposed upon public or private property for a period of time longer than is reasonably needed to remove the carcass.

Section 7. Public Exhibitions.

The provisions of Section 2 of this ordinance shall not apply to animals used in connection with any formally organized exhibition, sale or parade held within the City of Pilot Rock, provided said animals are properly tethered or caged the day before, day of and day after the event.

Section 8. Rodeos Prohibited.

Rodeos are prohibited within the City of Pilot Rock.

NUISANCES AFFECTING PUBLIC HEALTH

Section 9. Public Health.

No person shall cause or permit a nuisance affecting public health on property owned or controlled by the person. The following are nuisances affecting public health and may be abated as provided in this ordinance.

  1. Open vaults or privies constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with State Health Division regulations.
  2. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of the city.
  3. Stagnant water that affords a breeding place for mosquitoes and other insect pests.
  4. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will pollute the water.
  5. Decayed or unwholesome food offered for human consumption.
  6. Premises that are in such a state or condition as to cause an offensive odor or that are in an unsanitary condition.
  7. Drainage of liquid wastes from private premises.
  8. Cesspools or septic tanks that are in an unsanitary condition or that cause an offensive odor.
  9. Mastics, oil, grease or petroleum products allowed to be introduced into the sewer system by a user connected to the sewer system.

Section 10. Maintenance of Property; Nuisances.

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in this city:

  1. To so maintain such premises as to permit the same to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes appreciable harm or is materially detrimental to proximal properties or improvements; or
  2. To keep or maintain such premises so out of harmony or conformity with the landscaping and maintenance standards of adjacent properties, as to cause substantial diminution in the enjoyment, use or property value of such adjacent properties; or
  3. To keep or maintain, to like effect, premises with any of the following conditions:
    1. Buildings which are abandoned or boarded up or partially destroyed.
    2. Broken down or discarded furniture and appliances or equipment in front yards.
    3. Garbage cans strewn over the yards and visible from the street.
    4. Unfinished buildings.
    5. Dead trees weeds and debris.
    6. Packing boxes stored in yards and visible to the public.
    7. Manure, waste matter, or other objectionable accumulations to the annoyance and objection of neighboring property owners.
    8. Conditions causing noisome or objectionable odors to emanate from the premises.
    9. Any other conditions similar to the foregoing and with like effect, not reasonably necessary to any lawful use or activity conducted on the premises.

Section 11. Dumping Refuse.

No person shall dump or deposit any foul, decayed, putrid or offensive substance, such as dead animals or fowl, garbage, rubbish, leaves, cans, manure, sewage or other refuse or rubbish along the bank of or in any canal, ditch, creek, or river; in any street, alley, park; or upon any lot, place or premises in the city, whether public or private.

Section 12. Pollution of Water.

No person shall pollute the water of any drinking fountain, hydrant, or any source or place of storage for the water supply of the city or any of its inhabitants.

NUISANCES AFFECTING PUBLIC SAFETY

Section 13. Creating a Hazard.

No person shall create a hazard by:

  1. Maintaining or leaving, in a place accessible to children, a container with a compartment of more than one and one-half cubic feet capacity and a door or lid that locks or fastens automatically when closed and that cannot be easily opened from the inside.
  2. Being the owner or otherwise having possession of property on which there is a well, cistern, cesspool, excavation, or other hole of a depth of 4 feet or more, and a top width of 12 inches or more and failing to cover or fence it with a suitable protective construction.

Section 14. Excavations; Openings.

  1. No owner or person in charge of property which abuts or fronts on a street and which is below street grade may refuse to erect, at his own expense, a suitable fence or other barrier on the inner line of the sidewalk in front of such property within five days after written notice from the city requiring such a barrier.
  2. This section does not apply to authorized construction projects if adequate safeguards and barriers as required by ordinance are maintained to prevent injury or death.
  3. No person may construct or maintain ventilators, trap doors, gratings or similar openings in a public sidewalk.

Section 15. Surface Waters, Drainage.

  1. No person in charge of property shall permit rainwater, ice or snow to fall from any building or structure upon any street or sidewalk, or to flow across any sidewalk; and the person in charge of property shall at all times keep and maintain in the proper state of repair adequate drain pipes, or a drainage system so that overflow water accumulating on the roof or about such building is not carried across or upon public property.
  2. Running water shall not be permitted to flow across premises traversed by the public, including sidewalks and streets, during freezing weather.

Section 16. Ice and Snow Removal.

  1. No person in charge of property shall suffer, permit or allow snow or ice which has fallen or accumulated upon a sidewalk to remain upon such sidewalk for more than two (2) hours after the snow or ice has ceased to fall thereon; however, if the snow is falling or ice accumulating after the hour of 6:00 p.m., the same shall be removed by 9:00 a.m. on the next succeeding day. The owner or person in charge of the property abutting upon a sidewalk shall be responsible for removal of snow or ice that may accumulate on such sidewalk.
  2. No owner or person in charge of property shall use any salt substance or other corrosive substance on public sidewalks for the purpose of removing snow or ice or for any other purpose.

Section 17. Electric Fences.

  1. No person shall allow, construct, permit, maintain or operate an electric fence along a sidewalk or public way.
  2. No owner or person in charge of property shall construct or maintain a barbed-wire fence, or permit barbed wire to remain as part of a fence, along a sidewalk or public way; except such wire may be placed above the top of other fencing not less than six feet, six inches high.

Section 18. Attractive Nuisances.

  1. No owner or person in charge of property may permit:
    1. Machinery, equipment or other devices on his property which are attractive, dangerous and accessible to children.
    2. Lumber, logs, or piling to be placed or stored on his property in such a manner as to be attractive, dangerous and accessible to children.
  2. This section does not apply to construction projects if adequate safeguards and barriers as required by ordinance are maintained to prevent injury or death to children.

NUISANCES AFFECTING THE PUBLIC PEACE

Section 19. Radio Interference.

  1. No person shall operate or use any electrical, mechanical or other device which shall create, on any premises other than his own, any interference with television reception or the reception of public or commercial radio transmissions.
  2. This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission.

Section 20. Vending Goods by Public Outcry.

No person shall use or occupy any portion of a street or sidewalk for the purpose of vending goods, wares or merchandise by public outcry, or otherwise; except as permitted by the general terms of a resolution of the city council allowing such activities in connection with public festivals and fairs an other like occasions held within the city.

Section 21. Trees, Shrubs and Weeds.

  1. No owner or person in charge of property may permit unreasonable growth of weeds, grass, or other noxious vegetation upon his property or in the right of way of a street, alley or sidewalk abutting the property. An owner or person in charge of such property shall cut or otherwise destroy weeds, grass, or other noxious vegetation as often as needed to prevent it from being unsightly or a fire hazard, or maturing or going to seed.
  2. This section does not prohibit lawns, trees, bushes, or other shrubbery grown for ornamental purposes nor does it prohibit vegetation grown for food or fuel.
  3. The owner or person in charge of property shall not permit the limbs to interfere with the use of the sidewalk or roadway, or obstruct a driver’s view of an intersection or of traffic upon streets approaching an intersection, or otherwise create a hazard to the public. Such owner or person in charge of property shall also trim the trees so that the minimum clearance of the overhanging part of the tree is eight feet above the sidewalk and eleven feet above the roadway.

Section 22. Damaged and Dismantled Motor Vehicles a Nuisance.

No owner or person in charge of property may permit any damaged or dismantled motor vehicle or parts of a motor vehicle to remain upon his property in view of the public. Such damaged or dismantled vehicle and parts of a motor vehicle are declared to be a nuisance.

Section 23. Wrecking Yard.

No owner or person in charge of property shall permit to remain on such property for a period exceeding 72 hours, two or more damaged or dismantled motor vehicles whether said damaged or dismantled vehicles or parts are in public view or without public view. Such conduct shall be deemed to be a wrecking yard and shall, if not otherwise authorized by city ordinance, license or permit, be construed to be a nuisance.

Section 24. Junk.

  1. No person shall keep junk outdoors on a street, lot or premises or in a building that is not wholly or entirely enclosed except for doors used for ingress and egress.
  2. The term “junk,” as used in this section, includes all inoperable motor vehicles, old motor vehicle parts, abandoned motor vehicles, old machinery, old machinery parts, old appliances or appliance parts, old iron or other metal, glass, paper lumber, wood or other waste or discarded material.
  3. This section does not apply to junk kept in a licensed junk yard or automobile wrecking house.

Section 25. Notices and Advertisements.

  1. No person may affix or cause to be distributed a placard, notice, bill, advertisement, or poster upon any real or personal, public or private property without first securing permission from the owner or person in charge of the property.
  2. No person may scatter, distribute or cause to be scattered or distributed on public or private property any placard, advertisements or other similar thing. Handbills will not be considered placards, advertisements or other similar things for the purpose of this subsection.
  3. This section does not prohibit the distribution of advertising material during a parade or public gathering. This section is not an amendment to or a repeal of regulations now or hereafter adopted by the city regulating the use of and the location of signs and advertising.

Section 26. Declaration of Nuisance, General Nuisance.

  1. The acts, conditions or objects specifically enumerated and defined in Section 2 through Section 25 are hereby declared to be public nuisances; and such acts, conditions or objects may be abated by any of the procedures set forth in Section 27 through Section 32 of this ordinance.
  2. In addition to those nuisances specifically enumerated within this ordinance, every other thing, substance or act which is determined by the council to be injurious or detrimental to the public health, safety or welfare of the city is hereby declared to be a nuisance and may be abated as provided in this ordinance.

Section 27 Complaint Investigation.

  1. When a complaint is received by the city concerning a possible violation of Sections 2 through 26, a police officer shall investigate the complaint and, if there appears to be a violation, issue a warning letter to the owner or person in charge of the property., The warning letter shall be personally served or mailed through general mail.
  2. Such warning letter shall include the following information:
    1. A description of the real property, by street address or otherwise, on which nuisance exists.
    2. A description of the conditions comprising the nuisance.
    3. A direction to abate the nuisance within 10 days from the date of the warning letter.
    4. A statement that unless the conditions comprising the nuisance are removed or corrected, the owner or person in charge will be cited into municipal court for the violation.
    5. The City may abate the nuisance and charge the owner of the property for the cost of the abatement and, if necessary, place a lien against the property as provided in Section 31 of this ordinance.
  3. Ten days after the issuance of the warning letter a police officer shall inspect the premises to determine if the owner or person in charge of the property has abated the conditions comprising the nuisance, and if not abated, the officer shall issue a citation to the owner or person in charge of the property to appear in the municipal court at the next available date. The citation shall be personally served or mailed by certified mail with a return receipt requested.
  4. In addition to the citation issued under Section C, the police office shall cause a notice to be posted on the premises where the condition exists, stating the condition comprising the nuisance and the date and time the owner or person in charge is to appear in municipal court.
  5. In the event the person responsible for the nuisance is not the owner of the property, the property owner will also receive notice as described in subsection B of this section.

Section 28. Summary Abatement.

The procedure provided by this ordinance is not exclusive but is in addition to procedures provided by other ordinances; and the health officer, the chief of the fire department or chief of police may proceed summarily to abate a health or other nuisance which unmistakably exists and from which there is imminent danger to human life or property.

Section 29. Penalty.

A person found guilty of violating any of the provisions of Sections 2 through 26, shall be subject to a fine not to exceed $300.00.

Section 30. Abatement Ordered by Court.

  1. In addition to any fine imposed, the court may order the person to abate the nuisance within a specified time, as determined reasonable by the court.
  2. If, within the time specified by the court under Section 30A, the owner or person in charge of the property has not abated the nuisance, the court, upon application by the city, may order the city to abate the nuisance and charge the owner of the property for the cost of abatement and, if necessary, place a lien against the property as provided in Section 31 of this ordinance.

Section 31. Assessment of cost of City Ordered Abatement.

  1. The city recorder, or designee, shall keep an accurate record of the expense incurred by the city in abating the nuisance, and shall include therein a charge of 10 percent of the expense for administration overhead.
  2. The city recorder, by registered or certified mail, postage prepaid, shall forward to the owner and person in charge of the property a notice stating:
    1. The total cost of abatement, including the administrative overhead.
    2. That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice.
    3. That if the owner or person in charge of the property objects to the cost of the abatement as indicated, he may file a notice of objection with the city recorder not more than three days from the date of the notice requesting a hearing.
  3. Upon receipt of a request for hearing, the council shall set a date to consider objections. The objector shall be notified of such date and at said hearing, the council shall hear the objection and determine the cost to be assessed. Hearing shall be held within 60 days of date notice of objection is received.
  4. If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs as stated or as determined by council shall be made by resolution and shall thereupon be entered in the docket of city liens and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated.
  5. The lien shall be enforced in the same manner as liens for street improvement are enforced, and shall bear interest at a rate to be set by the City Council. Such interest shall commence to run from date of the entry of the lien in the lien docket.
  6. An error in the name of the owner or person in charge of the property shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property.
  7. The city may, for purposes of giving notice under this section, rely upon the most current records of the county recorder and county assessor for the purposes of identifying the name and address of the property owner, unless the city has actual notice that the property is owned by others.

Section 32. Separate Violations.

  1. Each day’s violation of a provision of this ordinance constitutes a separate offense.
  2. The abatement of a nuisance is not a penalty for violating this ordinance, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance. However, if a person is given notice, or required by findings and order of the council, to abate a nuisance within a time specified in said notice or order, and abates the said nuisance within that time, then this shall excuse the person responsible from the imposition of any fine under section 29 of this ordinance.

Section 33. Severability.

The sections and subsections of this ordinance are severable. The invalidity of one section or subsection shall not affect the validity of the remaining sections or subsections.

Section 34. Repealer.

Ordinance No. 507 and all ordinances or parts of ordinances in conflict herewith are hereby repealed. Provided, however, that such ordinances shall remain in effect so as to enforce them for violations thereof made prior to the effective date of this ordinance.

PASSED by the Council and approved by the Mayor this Day of , 2005.

1st Reading
2nd Reading
3rd Reading