[HISTORY: Adopted by the Town Council of
the Town of Pinedale 1951 and 1970 by Ord. No. 12 (Ch. 8.04 of the 1983 Municipal Code).
Amendments noted where applicable.]
No person shall cause, or be in any manner whatever
instrumental in causing or permitting, any nuisance of any kind within
the corporate limits of this Town, and no person shall permit or suffer
to exist any nuisance of any kind upon any place or premises in this
Town, owned or occupied by him, or over which he has charge and control.
Any person who causes, suffers or permits any
cellar, private drain, ditch, pool, privy, sewer or other thing or
place upon any premises, within the limits of the Town, belonging
to or occupied by him, to become foul, offensive or injurious to the
public health, is the author of a nuisance. Any thing or place in
the condition described in this section is declared to be a nuisance.
Any tanner, brewer, soap-boiler, tailor, chandler,
livery stable keeper, hotel keeper, restaurant keeper or boardinghouse
keeper, or other person, who, by himself or by another, discharges
out, or permits to flow from, any workshop, manufactory, livery stable
or other house or place any foul or nauseous liquid or substance of
any kind whatever, into or on any adjacent ground or lot, or into
any street, alley or any other public place, shall be deemed the author
of a nuisance, and any thing or place in the condition described in
this section is a nuisance.
Any owner or occupant of any livery stable,
barn or private stable or barn in this Town who causes or suffers
the same to become nauseous, foul or offensive shall be deemed the
author of a nuisance, and any such foul or offensive condition in
any such structure or place described in this section is a nuisance.
Any owner or keeper of, or other person having
in his possession or charge or under his control, any horse, ox, cow
or other animal, wild or domestic, that dies or is dead within the
limits of the Town, and fails or neglects to remove or bury the body
or carcass of such animal within 24 hours after its death, beyond
the limits of the Town, is the author of a nuisance, and any such
body or carcass not removed or buried as provided in this section
is a nuisance.
Any person who permits water to stand on any
lot or premises owned or occupied by him in this Town, until such
water becomes, or is likely to become, foul, offensive or injurious
to the public health, shall be deemed the author of a nuisance, and
any such standing water is declared to be a nuisance.
[Amended 1984 by Ord. No. 137]
Any person, firm or business who deposits or
causes to be deposited any material, including but not limited to
earth, sand, rocks, snow, ice or any other material or item, into
or upon any highway, street, alley, thoroughfare or Town right-of-way,
without the written permission of the Town, is the author of a nuisance,
and any material so placed constitutes a nuisance.
Any person who throws or deposits or causes
to be thrown or deposited into or upon any street, alley, sidewalk
or vacant lot in this Town any wrapping paper, wastepaper, handbills,
old clothes, boots, shoes, hat, tin cans, coal, wood, ashes, manure,
garbage or the refuse of any stable or any combustible material or
rubbish of any kind is the author of a nuisance, and any such article
or rubbish so thrown or deposited is a nuisance.
[Amended 1993 by Ord. No. 236]
A.
It shall be the duty of every owner, manager, lessee,
renter, tenant or occupant of any building, house, apartment, lot
or other property to maintain said premises, including any adjacent
publicly owned right-of-way, as hereinafter specified, in a clean
and orderly condition at all times, permitting no accumulation of
rubbish, trash, junk, garbage, litter, discarded or unused building
materials, furniture or appliances, automobile parts, inoperable or
unlicensed motor vehicles, animal wastes, or other debris. Upon application
by a resident of the Town and for good cause shown, the Town Council,
in its sole discretion, may grant permission for certain inoperable
or unlicensed vehicles to be kept on the premises of such resident
under such conditions as may be prescribed by the Town Council to
protect the public interest, including the requirement that such vehicles
be screened from public view.
B.
It shall be the duty of every owner, manager, lessee,
renter, tenant or occupant of any building, house, apartment, lot
or other property to cut, pull, remove or otherwise lawfully dispose
of all unsightly weeds, wild grasses, and other noxious plants growing
upon said premises and any adjacent public right-of-way, as hereinafter
specified, and to keep any lawn or ground cover or other plantings
upon said premises and right-of-way in a well-maintained and attractive
condition.
C.
The duty imposed by this section to maintain adjacent
publicly owned rights-of-way shall extend, in the case of paved roads,
only to those portions of such rights-of-way between the adjacent
property line and the curb or the edge of the road pavement. For alleys,
unpaved roads and other rights-of-way, it shall include only the area
between the adjacent property line and an imaginary line drawn parallel
to said property line at a distance of three feet.
D.
Any violation of the provisions of this section or
failure to meet any duty imposed herein shall constitute a misdemeanor
offense, and upon conviction thereof the violator may be fined in
an amount not to exceed $750, to which may be added costs. The imposition
of any penalty for any violation of this section shall not excuse
the violation or permit it to continue; and the court shall order
all persons convicted hereunder to correct or remedy the violations
or defects within a reasonable time; and each day thereafter that
the prohibited condition is not corrected or remedied shall constitute
a separate and continuing offense for which the court shall impose
a fine on a per diem basis.
Any person who posts, paints or sticks, or causes
to be posted, painted or stuck, any handbills or placards upon any
public or private house, store or other building, or upon any fence,
poles or other structure in this Town, without permission from the
owner or occupant of the same is the author of a nuisance, and handbills
and placards so posted, painted or stuck are a nuisance.
Any pen, place or premises in this Town, in
or upon which hogs, shoats, pigs, rabbits, chickens, turkeys or other
fowls are kept so as to be offensive or an annoyance to any person,
is a nuisance, and any person who owns or keeps or uses any pen, place
or premises in either case so as to be a nuisance under the provisions
of this section is the author of a nuisance.
Any person who throws or deposits or causes
to be thrown or deposited any ashes, soot, garbage, offal or other
filth of any kind upon the lot or realty of another is the author
of a nuisance, and any such refuse so thrown or deposited in any such
place is a nuisance.
Any person who slaughters, kills or dresses
any cattle, calves, sheep, swine or other animals, or steams any lard
or tallow, within the limits of the Town, or who conducts or carries
on such business in this Town, and who permits or suffers to remain
on his premises any blood, filth, offal or other matter so that the
same becomes offensive or injurious to the public health, or any annoyance
to the neighborhood, or permits the same to occasion any offensive
smell or so taints the air as to render it unwholesome and offensive,
is the author of a nuisance, and any place in the condition described
in this section is a nuisance.
Any person or persons allowing manure to accumulate
in the stables, yards or corrals so as to be offensive to the smell
or injurious to the public health is the author of a nuisance, and
any premises in that condition is declared to be a nuisance; provided,
however, that manure may be dumped on any land enclosed for agricultural
purposes by permission of the owner of the enclosure and is not a
nuisance.
It is unlawful for any person or persons, company
or corporation to leave any well, cellar or other excavation in an
open or uncovered condition, or in such condition as may cause danger
to life or property, upon any premises of which such person or persons,
company or corporation is the owner, agent or other representative,
unless the ground upon which such well, cellar or other excavation
is situated is enclosed by a substantial fence. Any person or persons,
company or corporation violating this section is the author of a nuisance,
and any premises in the condition described in this section is a nuisance.
[Amended 1983 by Ord. No. 118; 10-24-2016 by Ord. No. 592]
Any person who owns or is responsible for any
property on which is located an abandoned, vacated or unattended excavation
which creates a hazard, the owner or person responsible shall secure
or fill in such excavation under the direction of the Mayor, Director
of Public Works, or other designated official. This section shall
not apply to irrigation ditches or canals, unless they have been abandoned
or vacated by the owner.
Any person or persons, company or corporation
who fires or causes to be fired a stove, furnace, boiler, fireplace
or other contrivance so as to create and allow to escape an excessive
amount of smoke as to be offensive or an annoyance to any person is
the author of a nuisance.
[Amended 1993 by Ord. No. 237]
A.
If a nuisance exists which creates a public emergency
requiring immediate action for protection of the public health and
welfare, the Mayor may, without notice, have the same abated, at the
expense of the author of the nuisance, in the most reasonable and
expeditious manner available.
B.
In all other cases where the nuisance is one defined
by this chapter, the Mayor shall have notice served on the owner,
occupant or agent in charge of any property upon which such nuisance
exists, or upon the author of such nuisance, giving notice of the
existence of the nuisance and demanding abatement within 48 hours
from service or delivery of notice, unless a longer time is given
by the Mayor. Within the period set for abatement, the person upon
whom notice is served shall have the right to request a hearing before
the Municipal Court to determine the existence of the alleged nuisance.
Enforcement shall be stayed pending said hearing, after which the
court shall issue an order as determined by such hearing.
C.
If a nuisance not defined by this chapter is found
to exist, the Town Attorney shall initiate proceedings in a court
of competent jurisdiction to abate such nuisance.
[Amended 1984 by Ord. No. 138]
