[HISTORY: Adopted by the Municipal Council of the City of Clifton 8-3-2011 by Ord. No. 6974-11. Amendments noted where applicable.]
The provisions of this chapter shall be enforced by the Police Department, Health Officer or other official authorized to enforce this chapter.
It shall be unlawful to cause, permit or allow the growth, existence or presence of ragweed or poison ivy on any plot, land, lot, highway, right-of-way, or any other public or private place.
It shall be unlawful to cause, permit or allow the existence or presence of any accumulation of any stagnant water or other liquid in which mosquito larvae breed or exist.
It shall be unlawful to cause, permit or allow the existence or the presence of any accumulation of garbage, refuse, manure, animal or vegetable matter which may attract flies, wasps, or hornets and to which flies, wasps, or hornets may have access or in which fly or other insect larvae or pupae breed or exist.
It shall be unlawful to cause, permit or allow the existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter which serves as food for rodents and to which they may have access or which serves or constitutes a breeding place or harborage for rodents in or on any land, premises, building or other place.
The use of mechanical loudspeakers or amplifiers on trucks or other vehicles for advertising or other commercial purposes shall be prohibited, except where a specific license or permit is received from the Police Department.
It shall be unlawful to excessively rev the engine of any truck, car, motorcycle or other motor vehicle, by depressing or engaging the accelerator while parked, so as to unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants between the hours of 10:00 p.m. and 8:00 a.m. If such sound is audible at a point 100 feet from the source, there shall be a rebuttable presumption that the within section is violated.
No person shall spit upon any part of the interior or exterior of any public building or public vehicle.
Whenever a violation of this chapter is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner to remove or abate it within such time as shall be specified therein, but not less than 24 hours from the date of service thereof, unless said condition poses an immediate danger to the health, safety or welfare of the public or requires immediate action to enforce, in which case no notice is required. A copy of the notice shall be left with one or more of the tenants or occupants of the premises or place.
If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof, or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
If the owner, tenant or occupant, upon being notified as provided in § 332-9 of this chapter, shall not comply with such notice within the time specified therein and fails to remove or abate the nuisance, the enforcing official shall proceed to abate the nuisance, or may cause it to be removed or abated by lawful and proper means.
Whenever a nuisance as declared by this chapter is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate it within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the enforcing official may remove or abate such nuisance in the manner as provided in § 332-9 in the case of a like condition existing on a private place or premises.
The City may institute a civil action to recover costs incurred by it in the removal or abatement of any nuisance as declared by this chapter from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate it within the time specified in such notice.
Any person who violates or neglects to comply with any provision of this chapter or with notice issued pursuant to this chapter shall, upon conviction thereof, be punished by a fine not to exceed $1,250, and/or community service not exceeding 90 days and/or jail not exceeding 90 days.
[Added 11-20-2012 by Ord. No. 7063-12]
Legislative findings; policy; application.
Recreational fires and burning of combustible materials in a residential setting may pose a serious hazard to public health, safety, general welfare and the quality of life of the residents of the City of Clifton. The public has a right to and should be ensured of an environment free from noxious fumes and threat of fire. It is the policy of the City of Clifton Fire Department to prevent the danger of fire from open burning which is a detriment to the public health, comfort, safety, welfare and quality of life.
It is in the public interest that the provisions, prohibitions and controls hereinafter contained and enacted as a matter of legislative determination and public policy be adopted for the purpose of securing and promoting the public health, comfort, safety, and general welfare and quality of life of the residents of the City of Clifton.
Definitions. For the purpose of this section, the following definitions shall apply:
- CHIMINEA, OUTDOOR FIREPLACE, OUTDOOR FIRE PIT
- As defined by manufacturers, approved containers for open burning.
- Trunks and branches of trees and bushes, but does not include leaves, needles, vines, or brush smaller than two inches in diameter. Includes commercially manufactured, UL-approved fire logs.
- RECREATIONAL FIRE
- An outdoor fire contained in an approved UL container for entertainment.
- TREATED LUMBER
- Dry wood which was milled and dried and has been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or other substance.
- UNTREATED LUMBER
- Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or any other substance.
Recreational fire regulations.
Recreational fires in approved containers shall be allowed without permit and will be subject to the regulations contained herein.
Fires shall be limited to a maximum three-foot diameter and two-foot height and must be contained in a noncombustible chiminea, outdoor fireplace, fire pit or other UL-compliant device approved for such purpose.
All openings in the container or fire pit must be covered with wire mesh or other screening materials that will prevent the passage of sparks or embers.
Fires must be kept in the rear yard at least 15 feet from any structure or combustible exterior wall.
Fires must be constantly attended until the fire is extinguished.
No such fire or container used for open burning may be used on any porch, deck, balcony, or any other portion of a building; within any room or space; or under any building overhang.
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than two inches in diameter, treated or untreated lumber, garbage, paper products or anything other than firewood as defined herein is prohibited, except that kindling may be used to start a fire.
The Fire Chief or his designee or Health Officer or designee may order any open fire, or use of chiminea, outdoor fireplace or fire pit, which unreasonably interferes with the health, safety or welfare of neighboring residents or properties, to be immediately extinguished.
This section shall be administered by any code enforcement department within the City of Clifton.
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not to exceed $1,250. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.