[HISTORY: Adopted by the Town Council of the Town of Pinedale 1951 and 1970 by Ord. No. 12 (Ch. 8.04 of the 1983 Municipal Code). Amendments noted where applicable.]
No person shall cause, or be in any manner whatever instrumental in causing or permitting, any nuisance of any kind within the corporate limits of this Town, and no person shall permit or suffer to exist any nuisance of any kind upon any place or premises in this Town, owned or occupied by him, or over which he has charge and control.
Any person who causes, suffers or permits any cellar, private drain, ditch, pool, privy, sewer or other thing or place upon any premises, within the limits of the Town, belonging to or occupied by him, to become foul, offensive or injurious to the public health, is the author of a nuisance. Any thing or place in the condition described in this section is declared to be a nuisance.
Any tanner, brewer, soap-boiler, tailor, chandler, livery stable keeper, hotel keeper, restaurant keeper or boardinghouse keeper, or other person, who, by himself or by another, discharges out, or permits to flow from, any workshop, manufactory, livery stable or other house or place any foul or nauseous liquid or substance of any kind whatever, into or on any adjacent ground or lot, or into any street, alley or any other public place, shall be deemed the author of a nuisance, and any thing or place in the condition described in this section is a nuisance.
Any owner or occupant of any livery stable, barn or private stable or barn in this Town who causes or suffers the same to become nauseous, foul or offensive shall be deemed the author of a nuisance, and any such foul or offensive condition in any such structure or place described in this section is a nuisance.
Any owner or keeper of, or other person having in his possession or charge or under his control, any horse, ox, cow or other animal, wild or domestic, that dies or is dead within the limits of the Town, and fails or neglects to remove or bury the body or carcass of such animal within 24 hours after its death, beyond the limits of the Town, is the author of a nuisance, and any such body or carcass not removed or buried as provided in this section is a nuisance.
Any person who permits water to stand on any lot or premises owned or occupied by him in this Town, until such water becomes, or is likely to become, foul, offensive or injurious to the public health, shall be deemed the author of a nuisance, and any such standing water is declared to be a nuisance.
[Amended 1984 by Ord. No. 137]
Any person, firm or business who deposits or causes to be deposited any material, including but not limited to earth, sand, rocks, snow, ice or any other material or item, into or upon any highway, street, alley, thoroughfare or Town right-of-way, without the written permission of the Town, is the author of a nuisance, and any material so placed constitutes a nuisance.
Any person who throws or deposits or causes to be thrown or deposited into or upon any street, alley, sidewalk or vacant lot in this Town any wrapping paper, wastepaper, handbills, old clothes, boots, shoes, hat, tin cans, coal, wood, ashes, manure, garbage or the refuse of any stable or any combustible material or rubbish of any kind is the author of a nuisance, and any such article or rubbish so thrown or deposited is a nuisance.
[Amended 1993 by Ord. No. 236]
It shall be the duty of every owner, manager, lessee, renter, tenant or occupant of any building, house, apartment, lot or other property to maintain said premises, including any adjacent publicly owned right-of-way, as hereinafter specified, in a clean and orderly condition at all times, permitting no accumulation of rubbish, trash, junk, garbage, litter, discarded or unused building materials, furniture or appliances, automobile parts, inoperable or unlicensed motor vehicles, animal wastes, or other debris. Upon application by a resident of the Town and for good cause shown, the Town Council, in its sole discretion, may grant permission for certain inoperable or unlicensed vehicles to be kept on the premises of such resident under such conditions as may be prescribed by the Town Council to protect the public interest, including the requirement that such vehicles be screened from public view.
It shall be the duty of every owner, manager, lessee, renter, tenant or occupant of any building, house, apartment, lot or other property to cut, pull, remove or otherwise lawfully dispose of all unsightly weeds, wild grasses, and other noxious plants growing upon said premises and any adjacent public right-of-way, as hereinafter specified, and to keep any lawn or ground cover or other plantings upon said premises and right-of-way in a well-maintained and attractive condition.
The duty imposed by this section to maintain adjacent publicly owned rights-of-way shall extend, in the case of paved roads, only to those portions of such rights-of-way between the adjacent property line and the curb or the edge of the road pavement. For alleys, unpaved roads and other rights-of-way, it shall include only the area between the adjacent property line and an imaginary line drawn parallel to said property line at a distance of three feet.
Any violation of the provisions of this section or failure to meet any duty imposed herein shall constitute a misdemeanor offense, and upon conviction thereof the violator may be fined in an amount not to exceed $750, to which may be added costs. The imposition of any penalty for any violation of this section shall not excuse the violation or permit it to continue; and the court shall order all persons convicted hereunder to correct or remedy the violations or defects within a reasonable time; and each day thereafter that the prohibited condition is not corrected or remedied shall constitute a separate and continuing offense for which the court shall impose a fine on a per diem basis.
Any person who posts, paints or sticks, or causes to be posted, painted or stuck, any handbills or placards upon any public or private house, store or other building, or upon any fence, poles or other structure in this Town, without permission from the owner or occupant of the same is the author of a nuisance, and handbills and placards so posted, painted or stuck are a nuisance.
Any pen, place or premises in this Town, in or upon which hogs, shoats, pigs, rabbits, chickens, turkeys or other fowls are kept so as to be offensive or an annoyance to any person, is a nuisance, and any person who owns or keeps or uses any pen, place or premises in either case so as to be a nuisance under the provisions of this section is the author of a nuisance.
Any person who throws or deposits or causes to be thrown or deposited any ashes, soot, garbage, offal or other filth of any kind upon the lot or realty of another is the author of a nuisance, and any such refuse so thrown or deposited in any such place is a nuisance.
Any person who slaughters, kills or dresses any cattle, calves, sheep, swine or other animals, or steams any lard or tallow, within the limits of the Town, or who conducts or carries on such business in this Town, and who permits or suffers to remain on his premises any blood, filth, offal or other matter so that the same becomes offensive or injurious to the public health, or any annoyance to the neighborhood, or permits the same to occasion any offensive smell or so taints the air as to render it unwholesome and offensive, is the author of a nuisance, and any place in the condition described in this section is a nuisance.
Any person or persons allowing manure to accumulate in the stables, yards or corrals so as to be offensive to the smell or injurious to the public health is the author of a nuisance, and any premises in that condition is declared to be a nuisance; provided, however, that manure may be dumped on any land enclosed for agricultural purposes by permission of the owner of the enclosure and is not a nuisance.
It is unlawful for any person or persons, company or corporation to leave any well, cellar or other excavation in an open or uncovered condition, or in such condition as may cause danger to life or property, upon any premises of which such person or persons, company or corporation is the owner, agent or other representative, unless the ground upon which such well, cellar or other excavation is situated is enclosed by a substantial fence. Any person or persons, company or corporation violating this section is the author of a nuisance, and any premises in the condition described in this section is a nuisance.
[Amended 1983 by Ord. No. 118; 10-24-2016 by Ord. No. 592]
Any person who owns or is responsible for any property on which is located an abandoned, vacated or unattended excavation which creates a hazard, the owner or person responsible shall secure or fill in such excavation under the direction of the Mayor, Director of Public Works, or other designated official. This section shall not apply to irrigation ditches or canals, unless they have been abandoned or vacated by the owner.
Any person or persons, company or corporation who fires or causes to be fired a stove, furnace, boiler, fireplace or other contrivance so as to create and allow to escape an excessive amount of smoke as to be offensive or an annoyance to any person is the author of a nuisance.
[Amended 1993 by Ord. No. 237]
If a nuisance exists which creates a public emergency requiring immediate action for protection of the public health and welfare, the Mayor may, without notice, have the same abated, at the expense of the author of the nuisance, in the most reasonable and expeditious manner available.
In all other cases where the nuisance is one defined by this chapter, the Mayor shall have notice served on the owner, occupant or agent in charge of any property upon which such nuisance exists, or upon the author of such nuisance, giving notice of the existence of the nuisance and demanding abatement within 48 hours from service or delivery of notice, unless a longer time is given by the Mayor. Within the period set for abatement, the person upon whom notice is served shall have the right to request a hearing before the Municipal Court to determine the existence of the alleged nuisance. Enforcement shall be stayed pending said hearing, after which the court shall issue an order as determined by such hearing.
If a nuisance not defined by this chapter is found to exist, the Town Attorney shall initiate proceedings in a court of competent jurisdiction to abate such nuisance.
[Amended 1984 by Ord. No. 138]