Town of Westernport, MD Chapter 148 Nuisances

[HISTORY: Adopted by the Mayor and Commissioners of the Town of Westernport 10-1-2018 by Ord. No. 9-4-2018A. Amendments noted where applicable.]

§ 148-1 Definition; nonexclusivity.

A. For the purpose of this chapter, "nuisance" is generally defined to mean a use of property or course of conduct that interferes with the rights of others by causing damage, annoyance, or inconvenience.

B. A nuisance, as regulated by this chapter, includes, but is not limited to, the list of "nuisances enumerated" as set forth hereunder. Certain conditions or activities, such as unsafe structures, property maintenance, noise and open burning, are in the nature of a nuisance; however, these activities, among others, may be regulated under separate ordinances. Additionally, certain conditions or activities which are within the general definition of "nuisance" fall under the ambit of § 148-25 as nonenumerated activities which can be regulated hereunder.

§ 148-2 Nuisances enumerated.

Each of the following conditions, actions or activities, unless otherwise permitted by law, is declared to constitute a public nuisance and is subject to enforcement and penalties as provided hereunder:

A. The existence of any tree, shrub or foliage, unless by consent of the Town, which is apt to destroy, impair, interfere with or restrict:

(1) Streets, sidewalks, sewers, utilities or other public improvements.

(2) Visibility on, or free use of, or access to such improvements.

B. The existence of any tree, shrub or foliage growing on, over, around or in front of any hydrant, curb box, water system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto.

C. The uncontrolled growth of weeds, grass or other similar vegetation more than 12 inches in height in any lot or parcel of land not being used for a bona fide agricultural purpose.

D. The existence of any materials or objects which discharge a persistent noxious odor.

E. The existence of any physical condition or use of property or its appurtenances which is accessible to and constitutes an attractive danger to children, including, but not limited to, open wells, swimming pools, shafts, excavations or pits, unsafe fences or structures, and discarded refrigerators or freezers with doors attached.

F. The existence of lighting fixtures or other light sources which emit flashing or excessively bright light beyond the property line which is likely to, or does, impair the vision of, or annoy, persons on neighboring properties or passersby.

G. Littering, dumping or otherwise unlawfully depositing refuse, trash, debris or any other material without a permit.

H. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the Town, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, vermin-harboring, disease-causing places, conditions or things:

(1) Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity, but nothing in this subsection shall prevent the temporary retention of waste in approved covered receptacles or composting of vegetative matter using accepted practices of containment and storage.

(2) Any vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous.

(3) Any open building foundations that, by their nature, are unsafe to pedestrians, children, and the general public.

I. The depositing, or causing to be deposited, in any street, alley, sidewalk, park, parkway or other public place which is open to travel, of any yard clippings, hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material.

J. The storage or keeping on any premises in public view for more than 30 days of any used or unused building materials, provided that nothing in this subsection shall:

(1) Prohibit such storage when done in conjunction with a construction project where a zoning and/or building permit for the construction project, if required, has been issued.

(2) Prohibit such storage on the premises of a bona fide lumberyard, dealer in building materials, or other commercial enterprise when the same is permitted under the Zoning Ordinance and other applicable laws.

(3) Make lawful any such storage or keeping when it is prohibited by other ordinances or laws.

K. The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or otherwise dilapidated or unsafe condition.

L. The existence or maintenance on any premises of a storage area, junkyard or dumping ground for the wrecking or disassembling of automobiles, trucks, trailers, house trailers, boats, tractors or other vehicle or machinery of any kind, or for the storing or leaving of worn out, wrecked, inoperative or abandoned automobiles, trucks, trailers, house trailers, boats, tractors or other vehicle or machinery of any kind or of any major parts thereof.

M. The existence on any premises of any abandoned or unused well, cistern or storage tank without first demolishing or removing from the Town such storage tank or securely closing and barring any entrance or trap door thereto or without filling any well or cistern or capping the same in accordance with law.

N. The existence of any drainage, outfall or sump pump outflow onto or over any sidewalk or public and/or private way.

O. The plowing, shoveling, blowing or removal of snow from private property onto any public street, alley, crossing or sidewalk.

P. Any dilapidated, burned-out, fallen down, ramshackle, or decaying structure or remnant thereof which is uninhabitable or unusable for its intended purpose and is beyond reasonable hope of rehabilitation or restoration.

Q. Poor maintenance within a building (commercial or residential) or structure what causes the health or safety of the owner, occupant, employee or invitee therein to be endangered.

R. Use of garbage, offal or other decaying or putrescible matter, either by itself or in connection with ashes or other harmless matter, for the purpose of filling in any lot or other space.

S. Any other condition, action or activity that presents a risk to public health, safety or welfare as determined by the Mayor, Town Administrator, Code Enforcement Officer or other agent as designated by the Mayor or Commissioners.

§ 148-3 Enforcement; nuisance as municipal infraction.

The maintaining of any of the conditions, actions or activities which are defined or identified herein as a nuisance shall constitute a municipal infraction subject to Chapter 135 of the Code of the Town of Westernport.