Whatever is dangerous to human life or health, or whatever renders the ground, the water, the air, or food a hazard or injury to human life or health or that is offensive to the senses or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance, and, as such, liable to be abated, and the person guilty of causing, permitting, or suffering a nuisance to exist upon any premises or upon any building occupied or controlled by him or her, or in any street, alley, sidewalk, or gutter immediately adjacent to such premises, shall, upon conviction, be punished as provided in section
1.01.009.
(1998 Code, sec. 94.01)
(a) The
following are specifically declared to constitute public nuisances
and are prohibited within the municipal limits and within the extraterritorial
jurisdiction:
(1) The discharge or exposure of sewage, human excreta, wastewater, garbage,
or other organic filth into or on any place in such a manner that
transmission of disease from the infected material may result, or
the placing or maintaining of such materials as tin cans or rubbish
of any sort that might constitute a breeding place for mosquitoes
or flies or offer a hiding place or protection for rodents.
(2) The act of sweeping or depositing any trash, paper, or rubbish into
any street, alley, public thoroughfare, or other public place while
driving or walking, or by any other means.
(3) The act of conducting or causing to be conducted [any article] into
any alley or gutter, drain, or public ground, except such articles
as are permitted by ordinance, in such manner as to obstruct such
passageway.
(4) The act of conducting any business or enterprise upon any premises
or within any building which through negligence allows paper, paper
cups, or any other debris to escape from such premises or building
and litter any sidewalk, alley, street, or other public place or private
property.
(5) The act of permitting any prohibited conduct set forth in section
6.04.003.
(7) Failing to prune any tree so as to avoid causing a hazard to public
property and places, including without limitation town/public streets,
public rights-of-way and town/public easements; such failure shall
be deemed to have occurred with respect to any tree that is not pruned
or otherwise maintained with a minimum clearance of eight feet above
any sidewalk, trail, or other public walkway, and 14 feet above any
public street, road, or alley.
(b) Any condition of property in violation of subsection
(a) shall be deemed to be a violation of article
6.04 and any violator shall be subject to the penalty provisions of section
6.04.002.
(c) Any condition of property in violation of subsection
(a) shall be subject to removal, abatement, and any other action by the town in accordance with sections
6.04.006,
6.04.007, and
6.04.008, including without limitation assessment of the town’s expenses and placement of a lien on real property in the event of a failure to pay such assessment.
(1998 Code, sec. 94.02; Ordinance 2019-29 adopted 11/5/19)