[HISTORY: Adopted by the of the Board of Supervisors of the County of Page 11-16-2004. Amendments noted where applicable.]
Abandoned vehicles — See Ch. 115.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes but is not limited to that which vexes or creates a health or safety hazard or that which, by its use or existence, creates injury or damage to others.
- Any person who has a right of property in poultry, keeps or harbors
poultry, has poultry in his/her care or acts as custodian of poultry.[Added 6-20-2006]
- Any organism that exists under circumstances that make it deleterious to man or the environment if it is any vertebrate animal other than man; or any invertebrate animal, such as any insect, other arthropod, nematode, or mollusk, such as a slug or snail, but excluding any internal parasite of living man or other living animals; or any plant growing where not wanted, such as any moss, alga, liverwort, fungus, or other plant of any higher order, and any plant part such as a root; or any bacterium, virus, or other microorganisms, except for those on or in living man or other living animals and those on or in processed food or processed animal feed, beverages, drugs, as defined in provisions of the Federal Food, Drug, and Cosmetic Act at 21 USC § 321(g) (i), and cosmetics, as defined in provisions of the Federal Food, Drug, and Cosmetic Act at 21 USC § 321(i). Any organism classified as endangered, threatened, or otherwise protected under federal or state laws shall not be deemed a pest for the purposes of this chapter.
- Includes all domestic fowl or game birds raised in the County.[Added 6-20-2006]
- ROAMING AT LARGE
- Poultry shall be deemed to be roaming at large while roaming off
the property where housed or kept, and not under its owner's or custodian's
immediate and continuous supervision or control.[Added 6-20-2006]
- Relatively small gnawing animals having a single pair of constantly growing incisor teeth specialized for gnawing.
- RESPONSIBLE PARTY
- Includes but is not limited to the owner, occupier, or possessor of the premises where the nuisance is located, the owner or agent of the owner of the material which escaped, spilled, or was released and the owner or agent of the owner who was transporting or otherwise responsible for such material and whose acts or negligence caused such public nuisance.
It shall be unlawful for any person to permit, deposit, store or hold any junk or matter which is noxious or offensive, either to health or to comfort, on any premises or place or in any building or structure, unless such matter is so treated, screened, covered or placed as not to create a nuisance. It shall also be unlawful to throw, deposit or dump any paper, trash, rubbish, ashes, garbage, junk or offensive matter on any public highway or right-of-way or on any public property not otherwise operated as an approved collection point for disposal in a sanitary landfill.
All containers for the storage of matter (as referred to in § 80-2) or any other litter or solid waste shall completely confine the matter, shall be rodentproof and insectproof and shall be kept in an inoffensive sanitary condition.
It shall be unlawful for any person to cause or allow garbage to accumulate on his/her premises, whereby a nuisance or health hazard is created. It shall also be unlawful for any person to deposit garbage on property belonging to another, either public or private, other than at a sanitary landfill permitted by the Department of Environmental Quality.
No pest or rodent infestation shall remain on any property within the County. If, in the opinion of the County Administrator or designee, an infestation occurs which constitutes a public nuisance or a menace to public health or safety, he/she may order the rodents/pests controlled at the expense of the owner of the property.
No poultry shall be allowed to roam at large outside the area where housed or kept by the owners within the County. If, in the opinion of the County Administrator or designee, poultry roaming at large is determined to constitute a public nuisance or a menace to public health or safety, the County Administrator or designee may order the poultry controlled at the expense of the owner or removed.
It shall be unlawful for any person to cause or maintain a public nuisance not otherwise provided for in this chapter.
The County Administrator or designee may investigate any possible violation of this chapter. If he or she determines that a violation of any provision of this chapter has occurred, he or she shall notify the violator to comply within a time specified in the notice. Such notice shall be in writing and delivered or mailed to the last known address of the violator. It shall be unlawful for any person to fail to comply with such notice.
Should the recipient of the notice, as provided in § 80-7, fail or refuse or neglect to comply therewith within the time specified therein, then such person shall be deemed to be in violation of this chapter and subject to penalties as hereinafter provided.
If, after such reasonable notice as the County Administrator or designee may prescribe, the owner or owners, occupant or occupants, of the property or premises affected by the provisions of this section shall fail to abate or obviate the condition or nuisance, the County Administrator or designee may do so and charge and collect the cost thereof from the owner or owners, occupant or occupants of the property affected in any manner provided by law for the collection of state or local taxes. Every charge authorized by this section with which the owners of any such property shall have been assessed and remains unpaid shall constitute a lien against such property. In addition to the penalties hereinabove stated, a person found guilty of a violation of the provisions of this chapter shall be guilty of a Class 2 misdemeanor.