Chapter 8.05
NUISANCES AND LITTER
Sections:
8.05.020 Public nuisances defined.
8.05.030 Public nuisances designated.
8.05.040 Littering in public places prohibited.
8.05.050 Placement of litter in receptacles.
8.05.055 Receptacles in right-of-way.
8.05.060 Depositing litter in gutters prohibited.
8.05.070 Throwing litter from vehicles prohibited.
8.05.080 Requirements for transport of litter.
8.05.090 Littering in parks prohibited.
8.05.100 Littering on private property prohibited.
8.05.110 Private property – Owner to maintain.
8.05.120 Public rights-of-way – Owner of adjacent property to maintain.
8.05.130 Littering on vacant lots prohibited.
8.05.140 Unsightly premises prohibited.
8.05.150 Accumulation of litter on construction/demolition site prohibited.
8.05.170 Cesspools in town prohibited.
8.05.180 Enforcement authority.
8.05.190 Violation – Penalty – Appeal.
8.05.010 Definitions.
“Abandoned or junk vehicle” means a vehicle or any major portion thereof, which is incapable of movement under its own power and will remain so without major repair or reconstruction.
“Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and/or consumption of food.
“Litter” means garbage, refuse and rubbish and all other waste material which, if thrown or deposited in such a manner prohibited by this chapter, tends to create a danger to public health, safety and welfare.
“Major repair” means the removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block or oil pan.
“Private premises” means any dwelling, house, building, place of business or other structure, designed or used either wholly or in part for private residential, business or industrial purposes, whether inhabited or temporarily or continuously uninhabited or vacant; and shall include any yard, grounds, walk, driveway, porch, steps or vestibules belonging to or appurtenant to the dwelling, house, building, place of business or other structure.
“Public place” means any and all streets, sidewalks, boulevards, alleys, or other public ways and all public parks, squares, spaces, grounds and buildings.
“Refuse” means all putrescible and nonputrescible solid wastes except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes.
“Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, weeds, cigarettes, cardboard, tin cans, yard clippings, leaves, metal, wood, glass, bedding, crockery, construction materials, and similar materials.
“Town” means the town of Taylor.
“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, including devices used exclusively upon stationary rails or tracks. [Ord. 50 § 2, 1998. Code 1983 § 8-1-1.]
8.05.020 Public nuisances defined.
A. A public nuisance consists of doing any act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or to exist, which such act, omission, condition or thing consists of one of the following:
1. Injures or endangers the health or safety of others;
2. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous the free passage or use, in the customary manner, of any stream, public park, parkway, square, sidewalk, street or highway in the town, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal;
3. In any way renders other persons insecure in the life or the use of property;
4. Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property by an entire community or neighborhood, or by a considerable number of persons;
5. Damages or contributes to the deterioration of public property or improvements;
6. Garbage receptacles that are placed and remain in the town’s right-of-way for more than 24 hours.
B. Such public nuisances shall be considered to be a misdemeanor and shall be punishable in accordance with TTC 8.05.190. [Ord. 2024-02; Ord. 50 § 2, 1998. Code 1983 § 8-1-2.]
8.05.030 Public nuisances designated.
Specific acts, omissions, places, conditions and things, such as the erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or to remain in or upon any private lot, building, structure or premises, in or upon any public right-of-way, street, avenue, alley, park, parkway or other public or private place in the town of Taylor of any one or more of the following places, conditions, things, or acts, to the prejudice, danger or annoyance of others by any person, firm or corporation, are declared to be public nuisances, including but not limited to the following:
A. Privies, vaults, cesspools, sumps, pits, or like places which are not securely protected from insects or rodents, or which are foul or malodorous;
B. Filthy, littered or trash covered exterior areas, including all buildings or structures thereon and areas adjacent thereto;
C. Animal manure in any quantity which is not securely protected from insects and the elements, or which is kept or handled in violation of this code or any other ordinance of the town or county; provided, however, that nothing in this subsection shall be deemed to prohibit the utilization of such animal manure on any farm, garden, lawn or ranch in such a manner and for such purposes as are compatible with customary methods of good husbandry;
D. Poison oak, poison ivy, or any noxious or toxic weeds or uncultivated plants, whether growing or otherwise, weeds, tall grass, uncultivated shrubs or growth which is higher than 24 inches or which presents a fire hazard;
E. Accumulations of bottles, glass, cans, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all other trash or abandoned material, unless the same is kept in covered bins or metal receptacles approved by the county health officer or any ordinance of the town;
F. Accumulations of trash, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing straw, packing hay, or other packing material, lumber not neatly piled or anything whatsoever in which insects may breed or multiply or which provides harborage for rodents or which may create a fire hazard;
G. Any unsightly and dangerous building, billboard or other structure, or any old abandoned or partially destroyed building or structure, or any building or structure commenced and abandoned;
H. Any putrid, unsound or unwholesome bones, meat, hides, skins or the whole or any part of any dead animal, fish or fowl, butcher’s trimmings and offal, or any waste vegetable or animal matter in any quantity, garbage, human excreta, sewage or other offensive substances; provided, nothing herein contained shall prevent the temporary retention of waste in all receptacles in the manner approved by the health officer of the county or ordinance of the town;
I. The erection, continuance or use of any building, room or other place in the town for the exercise of any trade, employment or manufacture which, by noxious exhalations, including but not limited to smoke, soot, dust, fumes, or other gases, offensive odors, or other annoyances, is discomforting or offensive or detrimental to the health of individuals or of the public;
J. Causing, allowing or permitting any artificial illumination of such intensity as to interfere substantially and unnecessarily with the use and enjoyment of public or private property by any considerable number of people, or with the lawful use of any school, public place or public street, or with any governmental or public function of the town, or as to constitute a hazard or threat to the public health, safety, and welfare of the people of the town;
K. Burning or disposal of refuse, sawdust, or other material in such manner as to cause or permit ashes, sawdust, soot or cinders to be cast upon the streets or alleys of the town, or to cause or permit the smoke, ashes, soot or gases arising from such burning to become annoying to a considerable number of persons or to injure or endanger the health, comfort or repose of the persons; provided, this subsection shall not apply where the person responsible for the action has properly obtained a fire permit from the fire department of the town or the county health officer;
L. An unguarded or abandoned excavation, pit, well or hole dangerous to life;
M. To leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under the control of any person and in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap-lock or other locking device which may not be released from the inside, without first removing the door or lid, snap-lock or other locking device from the ice box, refrigerator or container;
N. The doing of any act, or omitting to perform a duty or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
1. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous the free passage or use, in the customary manner, of any stream, public park, parkway, square, sidewalk, street or highway in the town, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal; or
2. Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property by an entire community or neighborhood, or by a considerable number of persons. [Ord. 50 § 2, 1998. Code 1983 § 8-1-3.]
8.05.040 Littering in public places prohibited.
No person shall throw or deposit litter in or upon any street, sidewalk, alley or other public place within the town except in public receptacles, or in authorized private receptacles for collection. [Ord. 50 § 2, 1998. Code 1983 § 8-1-4.]
8.05.050 Placement of litter in receptacles.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried, or deposited by the elements upon any street, sidewalk or other public place or upon private property. [Ord. 50 § 2, 1998. Code 1983 § 8-1-5.]
8.05.055 Receptacles in right-of-way.
No personal or private garbage receptacles shall be placed and remain in the town’s right-of-way for more than 24 hours. [Ord. 2024-02.]
8.05.060 Depositing litter in gutters prohibited.
No person shall sweep into or deposit in any gutter, street or other public place within the town the accumulation of litter from any public or private sidewalk or driveway or any building or lot. Persons owning or occupying property or places of business shall keep the sidewalk and parkway in front of their premises free of litter. [Ord. 50 § 2, 1998. Code 1983 § 8-1-6.]
8.05.070 Throwing litter from vehicles prohibited.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the town, or upon private property. [Ord. 50 § 2, 1998. Code 1983 § 8-1-7.]
8.05.080 Requirements for transport of litter.
No person shall drive or move any truck or other vehicle within the town unless the vehicle is so constructed or loaded as to prevent any land, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the town, the wheels or tires of which carry onto or deposit in any street or other public place sticky substances, litter or foreign matter of any kind. [Ord. 50 § 2, 1998. Code 1983 § 8-1-8.]
8.05.090 Littering in parks prohibited.
No person shall throw or deposit litter in any park within the town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of as provided in this chapter. [Ord. 50 § 2, 1998. Code 1983 § 8-1-9.]
8.05.100 Littering on private property prohibited.
No person shall throw or deposit litter on any occupied or unoccupied private property within the town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place. [Ord. 50 § 2, 1998. Code 1983 § 8-1-10.]
8.05.110 Private property – Owner to maintain.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. [Ord. 50 § 2, 1998. Code 1983 § 8-1-11.]
8.05.120 Public rights-of-way – Owner of adjacent property to maintain.
The owner or person in control of any private property shall at all times maintain adjacent unutilized street right-of-way and the portion of the alley contiguous with the property up to the centerline of the alley free of litter. [Ord. 50 § 2, 1998. Code 1983 § 8-1-12.]
8.05.130 Littering on vacant lots prohibited.
No person shall throw or deposit litter on any open or vacant private property within the town whether owned by such person or not. [Ord. 50 § 2, 1998. Code 1983 § 8-1-13.]
8.05.140 Unsightly premises prohibited.
Every person owning, or managing, or having charge, control or occupancy of any real property in the town shall not allow any part of such property visible from the street or adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood. [Ord. 50 § 2, 1998. Code 1983 § 8-1-14.]
8.05.150 Accumulation of litter on construction/demolition site prohibited.
It is unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of a demolition project. [Ord. 50 § 2, 1998. Code 1983 § 8-1-15.]
8.05.160 Abatement procedure.
A. Upon failure of any person, whether as principal, manager, agent or employee, or the owner, lessee, or occupant of any building, grounds or lots, to abate a public nuisance within 30 days from the effective date of the notice to abate, the town manager or his authorized representative may authorize the summary abatement thereof at the expense of the owner, as set forth in this section, and the town attorney may file an appropriate action in a court of competent jurisdiction to abate the public nuisance. The notice to abate shall be made pursuant to A.R.S. section 9-813 requiring public notice and shall be sent by certified mail from the town manager, or his authorized representative, to the person, manager, agent or employee, owner or lessee of the property to be abated.
B. The town manager, or his authorized representative, shall prepare a verified statement and account of the actual cost of such removal or abatement, including five percent for inspection and other incidental costs in connection with the removal or abatement. The verified statement and account is declared as an assessment upon the lot or tract of land from which such abandonment, or junk vehicle, rubbish, trash, weeds or other accumulation are removed and shall be collected at the same time and in the same manner as other town assessments are collected. A copy of the statement and account shall be personally delivered or sent by certified mail, return receipt requested, to the person, firm or corporation served with the original notice. The assessment shall be recorded in the office of the county recorder and from the date of its recording shall be a lien on the lot or tract of land and the several amounts assessed against the lot or tract of land until paid. The liens shall be subject and inferior to the lien for general taxes and to all other prior recorded mortgages. A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosure and order of sale. The town attorney may institute an action to enforce the lien in the superior court of the county at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the recording thereof.
C. A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action. [Ord. 50 § 2, 1998. Code 1983 § 8-1-16.]
8.05.170 Cesspools in town prohibited.
All cesspools, open vaults and privies within the town are declared to be a nuisance, and subject to summary abatement. Each person, firm or association owning any lot, grounds or premises within the town upon which there are any cesspools, open vaults or privies is required to forthwith remove, fill up and abate the same, except in such cases where the town or county health officer, for good cause shown, shall grant temporary permission to maintain and use the same. [Ord. 50 § 2, 1998. Code 1983 § 8-1-17.]
8.05.180 Enforcement authority.
The provisions of this chapter shall be enforced by the town manager, or a designee, or any police officer. Complaints shall be filed in the town court. [Ord. 50 § 2, 1998. Code 1983 § 8-1-18.]
8.05.190 Violation – Penalty – Appeal.
A. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $100.00 or imprisonment not to exceed 10 days, or both. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such thereunder.
B. In addition to any fine which may be imposed for a violation of any provision of this chapter, the person, firm or corporation shall be liable for all costs which may be assessed pursuant to sections of this chapter for the removal of the public nuisance.
C. Within 15 days after receipt of the notice, any person, firm or corporation may appeal the town’s request by serving written notice of appeal upon the town clerk and shall be entitled to a hearing before the town council on the appeal. The council shall, at its next regular meeting after receiving the appeal, hear and determine the same. The council may either affirm or reverse the town’s request or modify the scope of the work as required in the notice.
D. Any person, firm or corporation may also appeal within 15 days after the receipt of an assessment the amount of the assessment by serving written notice of appeal upon the town clerk which also shall stay off further proceedings pending disposition of the appeal. The council shall, at its next regular meeting, hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof, or determine that no assessment at all shall be made. [Ord. 50 §§ 2, 4, 1998. Code 1983 § 8-1-19.]