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HomeMy WebLinkAbout1559 Defining Nuisances & Penalities ORDINANCE NO. /6"59 AN ORDINANCE DEFINING NUISANCES; PROVIDING FOR THEIR ABATEMENT; AND PROVIDING PENALTIES. J The people of the city of Ashland do ordain a's follows: Section 1. Definitions. Unless the context requires otherwisel the following mean: (1) Person. A natural personl firml partnershipl associationl or corporationl whether he is acting for himself or as the clerkl servant, employel or agent of another. (2) Person in charge of property. An agentl occupantl lesseel con- tract purchaser, or personl other than the ownerl having possession or control of the property. (3) Public place. A building, way I place" or accommodation, whether publicly or privately owned" open and available to the general public. Animals Section 2. Dangerous Animals. No owner or person in charge of an animal shall permit an animal which is dangerous to the public health or safety to be exposed in public. Section 3. Animals at Large. No owner or person in charge of any of the following animals shall permit the animal to run at large: (1) A female dog in heat. (2) A male dog during the months of April" May" June" and July. (3) Livestock or poultry. Section 4. Keeping of Animals. (1) Except as otherwise permitted by ordinance, no person shall keep or maintain more than three dogs over the age of three months on anyone parcel or tract of land. (2) No person shall keep or maintain swine. (3) No person shall keep or maintain poultry within 75 feet of a dwelling other than his own. (4) No person shall keep or maintain rabbits within 100 feet of a dwelling other than his own or within 75 feet of a street or sidewalk. (5) No person shall keep or maintain a bee hive" bees" apiary" comb" or container of any kind or character wherein bees are hived" within 150 feet of a dwelling other than his own or within 150 feet of a street or sidewalk. (6) No person shall keep or maintain a stable within 100 feet of a dwelling other than his own. (7) Where the conditions imposed by subsections (2) to (6) of this section differ from those imposed by another ordinance" the provision which is more restrictive shall control. Section 5. Removal of Carcasses. No person shall permit an animal carcass owned or controlled by him to remain upon public property" or to be exposed on private property" for a period of time longer than is reason- ably necessary to remove or dispose of the carcass. Nuisances Affecting Public Health Section 6. Nuisances Affecting the Public Health. No person shall cause" or permit on property owned or controlled by himl a nuisance affecting public health. The following are nuisances affecting the public health and may be abated as provided in this ordinance: (1) Privies. An open vault or privy constructed and maintained within the city" except those constructed or maintained in connection with construction projects in accordance with the Oregon State Board of Health regulations. (2) Debris. Accumulations of debris" rubbish" manure" and other refuse that are not removed within a reasonable time and that affect the health of the city. (3) Stagnant water. Stagnant water which affords a breeding place for mosquitoes and other insect pests. (4) Water pollution. Pollution of a body of water" well" spring" stream" or drainage ditch by sewage" industrial wastes" or other sub- stances placed in or near the water in a manner that will cause harmful material to pollute the water. (5) Food. Decayed or unwholesome food which is offered for human consumption. (6) Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition. (7) Surface drainage. Drainage of liquid wastes from private premises. (8) Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor. (9) Slaughterhouses and tanneries. A slaughterhouse or tannery. Nuisances Affecting Public Safety Section 7. Abandoned Refrigerators. No person shall leave in a place accessible to children an abandoned or discarded icebox" refrigerator" or similar container without first removing the door. Section 8. Attractive Nuisances. (1) No owner or person in charge of property shall permit thereon: (a) Unguarded machinery" equipment" or other devices which , are attractive, dangerous" and accessible to children. (b) Lumber" logs" or piling placed or stored in a manner so as to be attractive" dangerous" and accessible to children. (c) An open pit" quarry" cistern" or other excavation without safeguards or barriers to prevent such places from being used by children. (2) This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children. Section 9. Snow and Ice Removal. No owner or person in charge of property, improved or unimproved" abutting on a public sidewalk shall permit: (1) Snow to remain on the sidewalk for a period longer than the first two hours of daylight after the snow has fallen. (2) Ice to remain on the sidewalk for more than two hours of day- light after the ice has formed unless the ice is covered with sand" ashes" or other suitable material to assure safe travel. Section 10. Grass" Shrubbery" Weeds" and Noxious Growth. No owner or person in charge of property shall permit weeds or other noxious vegetation to grow upon his property. It shall be the duty of an owner or person in charge of property to cut down or to destroy grass, shrubbery" brush" bushes" weeds" or other noxious vegetation as often as needed to prevent them from becoming unsightly" from becoming a fire hazard" or" in the case of weeds or other noxious vegetation" from maturing" or from going to seed. Section 11. Scattering Rubbish. No person shall deposit upon public or private property any kind of rubbish" trash, debris" refuse" or any substance that would mar the appearance" create a stench or fire hazard" detract from the cleanliness or safety of the property" or would be likely to injure a person" animal" or vehicle traveling upon a public way. Section 12. Trees and Hedges. (1) No owner or person in charge of property that abuts upon a street or public sidewalk shall permit trees, bushes" or hedges on his property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all trees and bushes on his premises" including the adjoining parking strip" trimmed to a height of not less than eight feet above the sidewalk and not less than 10 feet above the roadway. (2) No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property. (3) No owner or person in charge of property shall place or maintain thereon" along a street or public sidewalk" a thorn-bearing hedge or a hedge in excess of four feet in height. Section 13. Parking Strips. It shall be the duty of the owner or per- son in charge of abutting property to grade the area between the sidewalk and the curb to the level of the sidewalk and curb and to maintain the area as a grass plot; provided, however" that the area may be used also for ornamental plants and shrubbery in a manner not in conflict with this or other ordinances. Section 14. Fences. (1) No owner or person in charge of property shall construct or maintain a barbed-wire fence thereon" or permit barbed wire to remain as part of a fence" along a sidewalk or public way, except such wire may be placed above the top of other fencing not less than six feet" six inches high. (2) No owner or person in charge of property shall construct" main- tain" or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person. Section 15. Surface Waters" Drainage. (1) No owner or person in charge of a building or structure shall suffer or permit rainwater, ice" or snow to fall from the building or structure on to a street or public sidewalk or to flow across the sidewalk. (2) The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about the building is not carried across or upon the sidewalk. Nuisances Affecting the Public Peace Section 16. Radio and Television Interference. (1) No person shall operate or use an electrical" mechanical, or other device" apparatus" instrument, or machine that causes reasonably preventable interference with radio or television rece.ption by a radio or television receiver of good engineering design. (2) This section does not apply to devices licensed" approved" and operated under the rules and regulations of the Federal Communications Commission. Section 17. Unnecessary Noise. (1) No person shall make" assist in making" continue" or cause to be made any loud, disturbing" or unnecessary noise which either annoys" disturbs" injures, or endangers the comfort" repose" health" safety" or peace of others. Ii (2) Loud" disturbing" and unnecessary noises in violation of this section include but are not limited to the following: (a) The keeping of any bird or animal which by causing fre- quent or long-continued noise shall disturb the comfort and repose of any person in the vicinity. (b) The attaching of a bell to an animal or allowing a bell to remain on an animal. (c) The use of a vehicle or engine" either stationary or moving" so out of repair" loaded" or operated as to create any loud or unnecessary grating" grinding, rattling" or other noise. (d) The sounding of a horn or signaling device on a vehicle on a street" public place" or private place" except as a necessary warning of danger. (e) The blowing of a steam whistle attached to a stationary boiler" except to give notice of the time to begin or stop work" as a warning of danger" or upon request of proper city authorities. (f) The use of a mechanical device operated by compressed air" steam" or otherwise" unless the noise thereby created is effectively muffled. (g) The erection, including excavation" demolition" altera- tion" or repair of a building in residential districts" other than between the hours of 7:00 a. m. and 6:00 p. m." except in case of urgent necessity in the interest of the public welfare and safety --_..~-- - r- and then only with a permit granted by the city administrator for a period not to exceed 10 days. The permit may be renewed for periods of five days while the emergency continues to exist. If the council determines that the public health" safety" and welfare will not be impaired by the erection" demolition" alteration" or repair of a building between the hours of 6: 00 p. m. and 7: 00 a. m. and if the council shall further determine that loss or inconvenience would result to any person unless the work is permitted within these hours" the council may grant permission for such work to be done within specified hours between 6: 00 p. m. and 7: 00 a. m. upon application therefore being made at the time the permit for the work is awarded or during the progress of the work. The actual owner of property may do work on property actually occupied by him between the hours of 6:00 p. m. and 10:00 p. m. without obtaining a permit as herein required. (h) The use of a gong or siren upon a vehicle, other than police" fire" or other emergency vehicle. (i) The creation of excessive noise on a street adjacent to a school, institution of learning" church" or court of justice" while the same are in use" or on a street adjacent to a hospital" nursing home" or other institution for the care of the sick or infirm" which unreasonably interferes with the operation of such institution or disturbs or unduly annoys patients. (j) The discharge in the open air of the exhaust of a steam engine, internal combustion engine" motorboatl or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke. (k) The use or operation of an automatic or electric piano" phonograph" gramophone I victrola" radio" television" loudspeaker, or any instrument for sound producing or any sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such a manner as renders the use thereof a nuisance. However" upon application to the council, permits may be granted to respon- sible persons or organizations for the broadcast or amplification of programs of music" news" speeches" or general entertainment as a part of a national" state" or city event" public festivals" or outstanding events of a noncommercial nature. The broadcast or amplification shall not be audible for a distance of more than 1" 000 feet from the instrument, speaker" or amplifier and in no event shall a permit be granted where any obstruction to the free and uninterrupted traffic" both vehicular and pedestrian" will result. (1) The making of a noise by crying" calling" or shouting or by means of a whistle" rattle" bell" gong" clapper" horn, ham- mer" drum" musical instrument" or other device for the purpose of advertising goods" wares" or merchandise" attracting attention" or inviting patronage of a person to a business. However" news- boys may sell newspapers and magazines by public outcry. (m) The conducting" operating" or maintaining of a garage within 100 feet of a private residence" apartment" rooming house" or hotel in such manner as to cause loud or disturbing noises to be emitted therefrom between the hour s of 11: 00 p. m. and 7: 00 a. m. Section 18. Notices and Advertisements. (1) No person shall affix or cause to be affixed a placard" bill" advertisement" or poster upon real or personal property; public or private" without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the city regulating the use of and the location of signs and advertising. (2) No person shall scatter" distribute" or cause to be scattered -_.~._-_.._.._.r.- or distributed on public or private property any placards" advertisements" or other similar material. (3) This section does not prohibit the distribution of advertising material during a parade or approved public gathering. Section 19. Declaration of Nuisance" General Nuisance. (1) The acts" conditions" or objects specifically enumerated and defined in Section 2 through Section 18 are declared public nuisances and such acts, conditions, or objects may be abated by any of the procedures set forth in Section 20 through Section 23 of this ordinance. (2) In addition to the nuisances specifically enumerated within this ordinance" every other thing" substance" or act which is determined by the council to be injurious or detrimental to the public health" safety" or welfare of the city is declared a nuisance and may be abated as provided in this ordinance. Abatement Procedure Section 2 o. Abatement Notice. (1) Upon determination by the council that a nuisance as defined in this or any other ordinance of the city exists" the council shall forth- with cause a notice to be posted on the premises where the nuisance exists" directing the owner or person in charge of the property to abate the nuisance. (2) At the time of posting" the city recorder shall cause a copy of such notice to be forwarded by registered or certified mail" postage prepaid" to the owner or person in charge of the property at the last known address of the owner or other person. (3) The notice to abate shall contain: (a) A description of the real property" by street address or otherwise" on which the nuisance exists. (b) A. direction to abate the nuisance within 10 days from the date of the notice. -'r-------.-- --- (c) A description of the nuisance. (d) A statement that" unless the nuisance is removed" the city may abate the nuisance and the cost of abatement shall be a lien against the property. (e) A statement that the owner or other person in charge of the property may protest the abatement by giving notice to the city recorder within 10 days from the date of the notice. (4) Upon completion of the posting and mailing" the person posting and mailing the notice shall execute and file a certificate stating the date and place of the mailing and posting. (5) An error in the name or address of the owner or person in charge of the property or the use of a name other than that of the owner or other person shall not make the notice void and in such a case the posted notice shall be sufficient. Section 21. Abatement by the Owner. (1) Within 10 days after the posting and mailing of the notice as provided in Section 20" the owner or person in charge of the property shall remove the nuisance or show that no nuisance exists. (2) The owner or person in charge protesting that no nuisance exists shall file with the city recorder a written statement which shall specify the basis for so protesting. (3) The statement shall be referred to the council as a part of the council's regular agenda at its next succeeding meeting. At the time set for consideration of the abatement" the owner or other person may appear and be heard by the council" and the council shall thereupon determine whether or not a nuisance in fact exists" and the determination shall be entered in the official minutes of the council. Council determi- nation shall be required only in those cases where a written statement has been filed as provided. -----...---.'.--]" (4) If the council determines that a nuisance does in fact exist" the owner or other person shall within 10 days after the council deter- mination abate the nuisance. Section 22. Abatement by the City. (1) If" within the time allowed" the nuisance has not been abated by the owner or person in charge of the property" the council may cause the nuisance to be abated. (2) The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investi- gate or cause the removal of a nuisance. (3) The city recorder shall keep an accurate record of the expense incurred by the city in abating the nuisance and shall include therein a charge of 20 per cent of the expense for administrative overhead. Section 23. Assessment of Costs. (1) The city recorder, by registered or certified mail" postage prepaid" shall forward to the owner or person in charge of the property a notic e stating: (a) The total cost of abatement including the administrative overhead. (b) That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice. (c) That if the owner or person in charge of the property objects to the cost of the abatement as indicated" he may file a notice of objection with the city recorder not more than 10 days from the date of the notice. (2) Upon the expiration of 10 days after the date of the notice, the council in the regular course of business shall hear and determine the objections to the costs to be assessed. (3) If the costs of the abatement are not paid within 30 days from the date of the notice" an assessment of the costs as stated or as deter- mined by the council shall be made by resolution and shall thereupon be entered in the docket of city liens" and" upon such entry being made" shall constitute a lien upon the property from which the nuisance was removed or abated. (4) The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of 6 per cent per annum. The interest shall commence to run from date of the entry of the lien in the lien docket. (5) An error in the name of the owner or person in charge of the property shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void" but it shall remain a valid lien against the property. General Section 24. Summary Abatement. The procedure provided by this ordinance is not exclusive but is in addition to procedures provided by other ordinances" and the health officer, the chief of the fire depart- ment" or the chief of police may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. Section 25. Penalties. A person violating this ordinance shall" upon conviction thereof" be punished by imprisonment for a period not to exceed ~ ~ days, or by a fine not to exceed $500.00, or by both. Section 26. Separate Violations. (1) Each day's violation of a provision of this ordinance consti- tutes a separate offense. (2) The abatement of a nuisance is not a penalty for violating this ordinance but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance. -_.~-...--I'...--_._------ .--....---.. cle/t'j Section 27. Severability. The sections and subsections of this ordinance are severable. The invalidity of one section or subsection shall not affect the validity of the remaining sections or subsections. The foregoing ordinance was duly passed at a regular meeting of the Common Council held on the 1968" the vote being as follows: Aye s C, Nays () To all of which I hereby certify: (__~'t Recorder ',-M d~~~ ,J/ ------r.--~----'--------- ?~ day of /7? t'? i Approved: ~/nv6f~ Mayor .