[HISTORY: Adopted by the Town Council of the Town of Stanley 10-10-1973 as Ch. 11 of the 1973 Code. Amendments noted where applicable.]
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; and 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 statute or common law of this state or as defined by this Code or other ordinance of the Town at any place within the Town or at any place within the area surrounding the Town and within one mile of the Town limits.
The following acts, when committed, or conditions, when existing, within the Town or within the area surrounding the Town and within one mile of the Town limits are hereby defined and declared to be nuisances:
An act done or committed or aided or assisted to be done or committed by any person, or any substance, being or thing kept, maintained, placed or found in or upon any public or private place, which is injurious or dangerous to the public health or safety.
All buildings, bridges or other structures of whatever character kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.
All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.
All ponds or pools of stagnant water, and all foul or dirty water or liquid when discharged through any drain, pipe or spout or thrown into or upon any street, public place or lot to the injury or annoyance of the public.
All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public, and all stones, rubbish, dirt, filth, slops, vegetable matter or other article thrown or placed by any person on or in any street, sidewalk or other public place which in any way may cause any injury or annoyance to the public.
All sidewalks, gutters or curbstones permitted to remain in an unsafe condition or out of repair.
All stables, cattle yards, hog-, sheep or cow pens or yards or structures for poultry permitted by the owner thereof or the person responsible therefor to be harboring or breeding places for rodents or otherwise to be in such a condition as to become offensive, annoying or injurious to the public or to persons in the neighborhood thereof.
All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to a permit issued by competent authority.
All septic tanks, privies, cesspools and privy vaults of a type prohibited by state law or by rules and regulations promulgated by authority of state law, or which are maintained in any manner contrary to state law or rules and regulations promulgated by authority of state law or which otherwise constitute a menace to the health of, or are offensive to, persons in the neighborhood thereof.
The following areas are designated as nonsmoking areas considering the nature of the use and the size of the building in the following places:
Educational faculties, except as provided in State Code 15.2-2824;
Health care facilities;
Rooms in which public meetings or hearings are held;
Places of entertainment and cultural facilities, including but not limited to theaters, concert halls, gymnasiums, auditoriums and other enclosed areas, art galleries, libraries and museums;
Indoor facilities used for recreational purposes;
All Town-owned parks, playgrounds, shelters, swimming pools, ball fields and other open recreational areas.
The Town will, as deemed necessary, establish areas designated for smoking only, and all areas will be clearly marked for such allowance.
The nuisances described in this section shall not be construed as exclusive, and any act of commission or omission and any condition which constitutes a nuisance by statute or common law of the state is, when committed, omitted or existing within the Town or within the area surrounding the Town and within one mile of the Town limits, hereby declared to constitute a nuisance.
Each owner, lessee, tenant, occupant or person in charge of any real property within the Town, and each agent or representative of any such person, is hereby charged with responsibility for the maintenance and use of such real property in such manner that no use of, or activity or condition upon or within, such real property shall constitute a nuisance; and all such persons are hereby charged with the duty of observing all of the provisions of this chapter, but such responsibility shall not be construed to permit any other person not charged with such responsibility to commit or maintain any nuisance upon or within any real property in the Town.
It shall be the duty of the Chief of the Fire Department, the building official and the Chief of Police to cause inspections to be made from time to time of all portions of the Town and the area surrounding the Town and within one mile of the Town limits to determine whether any condition exists or activity is being practiced which constitutes a nuisance; and they shall cause an investigation to be made upon complaint made by any responsible person.
Town officers shall have the right to enter upon private premises for the purposes specified in § 133-5, 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 a Town officer shall find that an activity or practice which constitutes a nuisance is occurring within the Town or within the area surrounding the Town and within one mile of the Town limits, he shall promptly and by the most expeditious means notify the violator to cease and desist forthwith.
If at any time a Town officer shall find that a condition which constitutes a nuisance exists within the Town or within the area surrounding the Town and within one mile of the Town limits, 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; and 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; provided further that if the officer giving notice 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.
Upon the failure of any person to whom notice has been given pursuant to § 133-8 to comply with the terms of such notice or with the terms imposed by the Town Council on appeal, as the case may be, the officer giving such notice shall forthwith direct the appropriate Town officer to remedy the condition which is the subject of such notice, and the expense incurred by the Town in so doing shall be charged to the addressee of such notice, to be collected as Town taxes or in any other manner authorized by law.
Abatement by the Town of any condition which constitutes a nuisance and reimbursement to the Town of expenses incurred thereby shall not bar prosecution for maintenance of a nuisance.
Nothing in this chapter 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.
Any person violating any provision of this chapter shall, upon conviction, be punishable under the provisions of § 1-16 of this Code.
Violations of § 133-3A(10).
This nonsmoking subsection may provide that no person shall smoke in a designated nonsmoking area and any person who continues to smoke in such area after being asked to refrain from smoking may be subject to a civil penalty of not more than $25.
This nonsmoking subsection shall provide that any law enforcement officer may issue a summons regarding a violation of this subsection.
Any civil penalty assessed under this nonsmoking subsection shall be paid to the Treasurer or assistant and shall be expended solely for public health purposes.