Chapter 8.15
NUISANCES*
Sections:
* Code reviser’s note: This chapter, per MTC 9.05.010, is part of the “offense ordinance” of the town. See Chapter 9.05 MTC, Offenses, for definitions and rules of construction for offenses.
8.15.010 Public nuisance.
It is unlawful to commit public nuisance. Public nuisance consists of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either: injurious to public health, safety, morals or welfare; or interferes with the exercise and enjoyment of public rights including the right to use public property. [Prior code § 8-6-1]
8.15.020 Nuisance declared.
In the interest of the inhabitants of the municipality, it is necessary to prohibit the accumulation of junk, trash and refuse on property within the corporate limits of the municipality by declaring such accumulation a nuisance. The following are hereby declared to be a public nuisance:
A. Unoccupied Premises. It shall be unlawful for any reason for any person to sweep, place or throw solid waste or other waste materials in or upon any sidewalk, street, alley or unoccupied premises.
B. Unsanitary Premises. It shall be unlawful for any person to permit or cause to remain in or about his premises any solid waste, weeds, motor vehicles not in operating condition, waste water or any conglomeration of residue thereof, which emits odors or serves as a feeding or breeding place for flies, insects or rodents; and which in the opinion of the sanitation officer is unsanitary, or injurious to public health. The accumulation of building materials, pipes, lumber or boxes may be maintained on said premises if said accumulation is evenly piled and stacked for a reasonable length of time to be determined by the town marshal or otherwise duly authorized representative.
C. Hazardous Premises. It shall be unlawful for any person to permit in or about his premises weeds, briars, brush or any other solid waste to become in any way hazardous or injurious to public health or to obstruct pedestrian and vehicular traffic.
D. Accumulation of Solid Waste. It shall be unlawful for any person to allow any solid waste to accumulate upon said premises, owned, leased, rented or occupied by him during intervals between collection thereof, except in the manner herein provided.
It shall be unlawful to deposit any solid waste in or upon the streets, alleys, sidewalks, gutters, curbing, storm sewers, parkways or vacant lots within the municipality, except in the manner and in the receptacles or containers as provided in subsection (E) of this section.
E. Solid Waste Receptacles. All solid waste receptacles shall be maintained in a clean and sanitary condition by the owner or person using the receptacle and such receptacles shall be located only in such places as shall be readily accessible for removing and emptying the same, but shall not be placed in such place or position as may constitute a nuisance or obstruction to vehicular or pedestrian traffic.
F. Outdoor Storage – Prohibited Acts – Exceptions.
1. It is unlawful for any person, firm, or corporation to store on, place on, or permit to be stored or placed on, or allowed to remain on any occupied or unoccupied land within the municipal limits, a dismantled, partially dismantled or inoperative motor vehicle, or any parts of a motor vehicle, except in areas where such activity is within the contemplated purposes of duly licensed businesses and are kept in a wholly enclosed garage or structure.
2. Exceptions. Any person, being owner or tenant, may store, permit to be stored or allow to remain upon his premises, any dismantled, partially dismantled or inoperative motor vehicle, or parts thereof, for a period not to exceed one week if such motor vehicle is registered in his name; and provided further, that any such owner or tenant may, in the event of hardship, secure permission from the municipality to extend such period of time.
3. Definitions. As used in this section, the following terms shall have the following meanings:
a. “Motor vehicle” means any wheeled vehicle which is self-propelled or intended to be self-propelled;
b. “Inoperative” or “inoperable motor vehicle” means any motor vehicle which by reason of dismantling, disrepair or other cause is incapable of being propelled under its own power;
c. “Dismantled or partially dismantled vehicle” means any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing.
4. This section shall be construed as being supplementary to any sections of this chapter relating to rubbish, litter, refuse, and shall not be construed to permit the parking or placing of dismantled, partially dismantled or inoperable motor vehicles on any public street. [Ord. 2006-02 § 1; prior code § 8-6-2]
8.15.030 Notice of nuisance.
Any town marshal, officer or otherwise duly authorized representative, upon observing any violation of this chapter, shall issue a notice directed to the owner of record of the property on which the nuisance occurs, or to the occupant or tenant of the property, or both. The notice shall describe the violation and shall establish a reasonable time limit for abatement thereof by the owner or occupant or tenants, which limit shall be not less than two days nor more than 30 days after service of the notice. The notice may be served either personally or by registered mail at the owner’s or occupant’s last known address. [Ord. 2006-02 § 2; prior code § 8-6-3]
8.15.040 Complaint.
In the event the owner or occupant of the property where the nuisance violation of this chapter exists has failed, within the prescribed time, to abate the nuisance, then any municipal police officer or otherwise duly authorized representative shall file a complaint charging violation of this chapter with the municipal court demanding that the owner of the property, or the occupant thereof, or both, be held to answer to the court for the violation of this chapter. [Ord. 2006-02 § 3; prior code § 8-6-4]
8.15.050 Removal of nuisance.
In the event that a person is convicted of violating this chapter and still refuses to remove the junk, trash or refuse, the municipality may enforce this section in any manner consistent with law. Should the person refuse or fail to pay the assessment, the municipality shall collect such assessment as provided by law. [Prior code § 8-6-5]
8.15.060 Injunctions.
The town marshal, or otherwise duly authorized representative, when a nuisance exists as set forth in this chapter, may maintain a complaint in the name of the municipality, perpetually, to enjoin all persons from maintaining or permitting the nuisance and to abate the same. [Ord. 2006-02 § 4; prior code § 8-6-6]