Various nuisances are defined and prohibited
in other chapters of this Code, and it is the intent of the Town Council
in enacting this chapter to make it supplemental to those other chapters
in which nuisances are defined and prohibited. The provisions of this
chapter relating to the abatement of nuisances shall be regarded as
alternative methods and procedures for the abatement of nuisances
in those instances where other methods and procedures for abatement
are provided.
It shall be unlawful for any person to cause,
harbor, commit or maintain or to suffer to be caused, harbored, committed
or maintained any nuisance as defined by the statutory or common law
of this state or defined by this Code or other ordinance of the Town
at any place within the Town.
It shall be the duty of the Chief of Police
to cause inspections to be made from time to time of all portions
of the Town to determine whether any condition exists or activity
is being practiced which constitutes a nuisance, and he shall cause
an investigation to be made upon complaint made by any person.
Police officers shall have the right to enter upon private premises for the purposes specified in §
109-4 upon compliance with all applicable provisions of law. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and, in any case, it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
If at any time the Chief of Police shall find
that an activity or practice which constitutes a nuisance is occurring
within the Town, he shall promptly and by the most expeditious means
notify the violator to cease and desist forthwith.
If at any time the Chief of Police shall find
that a condition which constitutes a nuisance exists within the Town,
he shall give notice, in writing, to the owner, occupant or person
in charge of the premises upon which such condition exists, stating
therein the condition which constitutes a nuisance and directing such
addressee to remedy the condition within the time stated in such notice,
which shall be not more than 10 days. It shall be unlawful for any
such owner, occupant or person in charge to fail to comply with the
terms of such notice, provided that any owner, occupant or person
in charge may, within two days from the service thereof, appeal to
the Town Council, in which case the terms of such notice shall be
stayed pending action of the Town Council, which shall be final, and
provided, further, that if the Chief of Police shall state in such
notice that the condition which constitutes a nuisance is such as
to be an imminent hazard to the health, safety or welfare of the public
or any person within or near the premises upon which such nuisance
exists, then the addressee shall comply with the terms of such notice.
Nothing in this article shall be construed to
prohibit any police officer from arresting any person for committing
or maintaining a nuisance when such arrest is made pursuant to law.