[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.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
All sidewalks, gutters or curbstones permitted to
remain in an unsafe condition or out of repair.
(7)
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.
(8)
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.
(9)
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.
(10)
Nonsmoking areas.
[Added 1-10-2018]
(a)
The following areas are designated as nonsmoking areas considering
the nature of the use and the size of the building in the following
places:
[1]
Educational faculties, except as provided in State Code 15.2-2824;
[2]
Health care facilities;
[3]
Rooms in which public meetings or hearings are held;
[4]
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;
[5]
Indoor facilities used for recreational purposes;
[6]
All Town-owned parks, playgrounds, shelters, swimming pools,
ball fields and other open recreational areas.
(b)
The Town will, as deemed necessary, establish areas designated
for smoking only, and all areas will be clearly marked for such allowance.
B.
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.
A.
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.
B.
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.
[Amended 3-14-2018]
A.
Any person violating any provision of this chapter shall, upon conviction, be punishable under the provisions of § 1-16 of this Code.
B.
Violations of § 133-3A(10).
(1)
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.
(2)
This nonsmoking subsection shall provide that any law enforcement
officer may issue a summons regarding a violation of this subsection.
(3)
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.
