HomeMy WebLinkAbout0430 Ord (Defining Public Nuisance-Abatement & Penalties)ORDINANCE NO. 430
AN ORDINANCE OF THE CITY OF STILLWATER DEFINING PUBLIC NUISANCE AND PROVIDING
FOR ABATEMENT AND PENALTIES.
The City Council of the City of Stillwater do ordain:
Section 1. Public Nuisance Defined. A public nuisance is a thing, act,
occupation or use of property which shall:
(1) Annoy, injure or endanger the safety, health, comfort or repose of
the public.
(2) Unlawfully interfere with, obstruct or tend to obstruct, or tend to
render dangerous for passage, a lake, navigable river, bay, stream, canal or
basin, or a public park, square, street, alley or highway.
(3) In any way render the public insecure in life or in the use of
property.
Section 2. Public Nuisances Affecting Health. The following are declared
to be public nuisances affecting health:
(1) All decayed or unwholesome food offered for sale to the public.
(2) All diseased animals running at large.
(3) All ponds or pools of stagnant water.
(4) Carcasses of animals not buried or destroyed within 24 hours after
death.
(5) Accumulations of manure or rubbish.
(6) Privy vaults and garbage cans which are not fly -tight.
(7) The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, industrial wastes, or other substances.
(8) All noxious weeds and other rank growths upon public or private
property.
(9) Dense smoke. noxious fumes, gas and soot, or cinders in unreasonable
quantities.
(10) Offensive trades and businesses and firms as defined by statute or
ordinance not licensed as provided by law.
(11) Septic tanks drain field and private sewage disposal facilities
which malfunction, causing overflow and/or offensive odors.
(12) All other acts, omissions of acts, occupations and uses of property
which are deemed by the Health Officer or City Council to be a menace to the
health of the inhabitants of the City, or a considerable number thereof.
Section 3. Public Nuisances Affecting Peace and Safety. The following
are declared to be nuisances affecting public peace and safety:
(1) All snow and ice not removed from public sidewalks 12 hours after
the snow and ice has ceased to be deposited thereon.
(2) All treed, hedges, billboards or other obstructions which prevent
persons from having a clear view of traffic approaching an intersection from
cross streets in sufficient time to bring a motor vehicle driven at a reasonable
speed to a full stop berore the intersection is reached.
(3) All limbs or trees which are less than 8 feet above the surface ot
any public walkway or 9 feet above the surface of any street.
(4) All utility wires which are strung less than 15 feet above the
surface ot the ground.
286
•
•
(5) All explosives, inflammable liquids and other dangerous substances
stored in any manner or in any amount other than that provided by law.
(6) All unreasonable noises and annoying vibrations.
(7) Obstructions and excavations affecting the ordinary use by
the public of streets, alleys, sidewalks or public grounds except under such
conditions as provided by ordinance.
(8) Any use of property abutting on a public street or sidewalk or
any use of a public street or sidewalk which causes large crowds of people
to gather, obstructing traffic and the free use of tne streets or sidewalks,
except permitted by the City Council.
(9) All hanging signs, awnings and other similar structures over
streets or sidewalks, or so situated as to endanger public safety, not
constructed and maintained as provided by ordinance.
(10) The allowing of rainwater, ice or snow to fall from any building
or structure upon any street or sidewalk or to flow across any sidewalk.
(11) Unprotected excavations, pits, or opening located on private
property.
(12) All other conditions or things which are liable to cause injury
to the person or property or anyone.
(13) Improperly maintained or partially erected or demolished buildings
not properly protected.
Section 4. Abatement. The City Council shall enforce the provisions
of this chapter, and may by resolution delegate to various officers or agencies
powers to enforce particular provisions or the chapter, including tie power to
inspect private premises.
Whenever, in the judgment of the officer charged with enforcement, it
is determined upon investigation that a public nuisance is being maintained
or exists within the City, such officer shall notiry in writing the person
committing or maintaining such public nuisance and require him to terminate
and abate said nuisance and to remove such conditions or remedy such defects.
Said written notice snall be served on the person committing or maintaining
said nuisance, in person or by registered mail. If the premises are not
occupied and the address of the owner is unknown, service on the owner may be
had by posting a copy of the notice on the premises. Said notice shall require
the owner or occupant or such premises, or both, to take reasonable steps
within a reasonable time to abate and remove said nuisance, said steps and time
to be designated in said notice, but the maximum time for tne removal of said
nuisance after service of said notice shall not in any event exceed 30 days.
Service of notice may be proved by filing an affidavit of service in the office
of the Clerk setting forth the manner and time thereof.
After expiration of the time set forth in said notice, each day of
continuance of said nuisance shall be consiaered a separate violation of the
provisions of this ordinance.
In addition, when an order so given is not complied with, such non-
compliance shall be reported forthwith to the Council for such action as may
be necessary and deemed advisable to abate and enjoin the further continuation
of said nuisance. The Council may order the abatement or removal of such
nuisance by contract with private parties or otherwise and assess tne cost or
such abatement or removal on the property on which the nuisance is found or
otherwise collect said cost by action against tne party creating or maintaining
the nuisance.
Section 5. Penalty. Any person violating the provisions of tnis
ordinance snall be guilty of a misdemeanor and upon conviction tnereof shall
be punished by a fine of not toekceed One Hundred Dollars ($100.00) or for
imprisonment for not to exceed ninety (90) days.
r
a
Et
r
•
•
•
4v O
•
•
Section 6. Effective Date. This ordinance shall be effective upon
its adoption and publication.
Section 7. Repeal. All ordinances and parts of ordinances inconsistent
herewith are hereby repealed.
passed by the City Council of the City of Stillwater this
17th day of September, 1968.
Published: September 27, 1968
Attest:
•
•
•