[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.
A.
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.
B.
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]
A.
Legislative findings; policy; application.
(1)
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.
(2)
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.
B.
CHIMINEA, OUTDOOR FIREPLACE, OUTDOOR FIRE PIT
FIREWOOD
RECREATIONAL FIRE
TREATED LUMBER
UNTREATED LUMBER
Definitions. For the purpose of this section, the following definitions
shall apply:
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.
An outdoor fire contained in an approved UL container for
entertainment.
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.
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.
C.
Recreational fire regulations.
(1)
Recreational fires in approved containers shall be allowed without
permit and will be subject to the regulations contained herein.
(2)
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.
(3)
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.
(4)
Fires must be kept in the rear yard at least 15 feet from any structure
or combustible exterior wall.
(5)
Fires must be constantly attended until the fire is extinguished.
(6)
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.
(7)
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.
(8)
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.
D.
Enforcement.
(1)
This section shall be administered by any code enforcement department
within the City of Clifton.
(2)
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.
[Added 9-5-2023 by Ord. No. 7846-23]
Unruly social gatherings shall constitute a public nuisance
in the City of Clifton and no person shall be permitted to have a
social gathering or party at any property located in the City which
interferes with, or otherwise disturbs, the peace, quiet and comfort
of any neighboring property owner or tenant.
