Chapter 8.04
NUISANCES
Sections:
8.04.035 Bear attraction nuisance.
8.04.050 Gutters to be kept clean.
8.04.070 Junk and debris prohibited.
8.04.075 Graffiti and related vandalism.
8.04.080 Miscellaneous public nuisances.
8.04.010 Nuisances declared.
It shall be unlawful for any person, firm or corporation to permit or maintain the existence of a nuisance on any private or public property within the municipality. For purposes of this chapter, "nuisance" means any act or condition which is injurious to the public health, or which prevents or obstructs the free and comfortable enjoyment of life and property, or is dangerous to surrounding property. Whenever a nuisance is deemed to exist, it may be abated by the chief of police at the expense of the person maintaining such nuisance.
(Ord. 18-21, Amended, 12/13/2018; Ord. 11-22, Amended, 10/06/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)
8.04.020 Burial.
It shall be unlawful to bury any person within the borough limits except in an established cemetery.
(Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)
8.04.030 Slaughterhouses.
No person shall establish or maintain a slaughterhouse, or pursue or carry on any other business offensive to the senses or prejudicial to the public health or comfort in any part of the municipality.
(Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)
8.04.035 Bear attraction nuisance.
A. Offense. Except as provided in this section, no owner or person in charge of property shall cause or allow the creation or maintenance of a bear attraction nuisance on that property or the adjacent right-of-way.
B. Citations. Whenever waste or other material in violation of this section is found on property, the officer finding it may note the address and any other information upon or within the material which may identify the owner or person in charge of the property, and shall conspicuously affix to such property a summons and complaint for the owner or person to answer to the charge in court at a specified time.
C. Definitions. For purposes of this section:
1. "Bear attraction nuisance" means:
a. More than one-half (1/2) gallon of any putrescible material, including packaging or other surfaces to which the material is adhered;
b. Any organic material of a type which has previously attracted a bear to the property;
c. Soiled disposable diapers;
d. Exceptions. "Bear attraction nuisance" does not include:
(i) Manure or sewage;
(ii) Material in a garbage can stored outside temporarily for purposes of collection after 4:00 a.m. on a day scheduled for collection;
(iii) Living or dead flora or fauna indigenous to the property on which it is located;
(iv) Material completely enclosed in a structure or container which requires hands or tools to open;
(v) Material in a metal garbage container designed to be lifted and emptied by a garbage truck; provided, that the container is tightly covered or located within a garbage containment area behind barriers approved by the municipality as sufficient to withstand entry by a bear.
2. "Garbage can" means a watertight, odor-free, corrosion-resistant container and equipped with a tight-fitting cover secured so as to remain in place if the can is knocked over.
3. "Person in control" means a tenant or an agent, superintendent, or other owner’s representative.
4. "Property" means developed or undeveloped real property, including any street, road, alley, sidewalk, right-of-way, apartment house, mobile home park, planned unit development, or other multifamily development.
(Ord. 18-21, Amended, 12/13/2018; Ord. 11-22, Amended, 10/06/2011; Ord. 07-26, Added, 10/02/2007)
8.04.040 Polluting water.
It shall be unlawful for any person to throw, empty out or deposit in any gutter or ditch or near any inhabited place, the suds or filthy water resulting from the washing of clothes, slops from kitchens or other foul or filthy matter, or allow the same to stand on his own premises or to seep into the premises of another.
(Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)
8.04.050 Gutters to be kept clean.
It shall be the duty of every owner or occupant of any property to keep the gutter in front of such property at all times clean and free from all obstructions to the free passage of water, and to remove all dirt, filth, garbage or rubbish that may have accumulated on the street or alley adjoining the property, to the middle of the street or alley.
(Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)
8.04.060 Industrial waste.
Every person or corporation owning, operating, maintaining, conducting or managing any cannery, cold storage plant, packing plant, saltery, smokery, fertilizing plant or any plant where fish or animal products are kept, sold, canned, smoked, salted, pickled, frozen or handled in any manner, shall remove and dispose of all refuse and unused portions of such fish, fish products and animals in such manner that the same shall not be deposited on any of the beaches or shores, or upon any public or private highways, creeks or streams within the municipality, or upon any property adjacent thereto, where the same would become a nuisance or a menace to the health of the residents, nor deposited within any of the lakes, rivers or other waters within the corporate limits or adjacent thereto sufficiently near to become a nuisance or menace to the health or well-being of the residents.
(Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)
8.04.070 Junk and debris prohibited.
No owner, lessee, agent, tenant or occupant shall allow or permit any junk, debris, or indiscriminate storage of machinery, equipment parts, lumber or other material, or of discarded motor vehicles or refrigerators, or any accumulation of garbage, manure, offal, rubbish or stagnant water, or any filthy liquid or substance, or anything that is or may become putrid or offensive, to be or remain upon any yard, lot or premises controlled by him/her, or on a sidewalk or public way adjacent to or adjoining the owner’s property.
(Ord. 18-21, Amended, 12/13/2018; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)
8.04.075 Graffiti and related vandalism.
A. Prohibition of Graffiti. It shall be unlawful for any person to intentionally or knowingly commit any overt act resulting in or attempting to result in application of graffiti on any surface on public or private property without the express permission of the owner of such property, including but not limited to trees, rocks, signs, poles, fixtures, utility boxes, walls, paths, walks, streets, bridges, buildings or any other structures or surfaces.
B. Definitions.
1. "Graffiti" means any inscription, symbol, design or configuration of letters, numbers written, drawn, etched, marked, painted, stained, stuck on or adhered to any surface on public or private property without the expressed permission of the owner of such property, including but not limited to trees, rock faces, signs, poles, fixtures, utility boxes, walls, paths, walks, streets, bridges, buildings or any other structures or surfaces.
C. Exceptions.
1. Ship Rock Registry. Proposed artwork on Ship Rock shall be approved by the borough assembly prior to application. Proposers shall submit a picture of the artwork to the borough assembly for approval and inclusion in the registry.
(Ord. 14-11, Amended, 06/19/2014; Ord. 11-22, Added, 10/06/2011)
8.04.080 Miscellaneous public nuisances.
In addition to the other items declared to be public nuisances by this chapter, the following are declared to be public nuisances and are prohibited:
1. The operation or use of any electrical apparatus or machine which materially and unduly interferes with radio or television reception by others;
2. Any use of a street or sidewalk, or a place adjacent thereto, which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk, or which otherwise obstructs traffic thereon, except as may be authorized by law or municipal permit;
3. All ditches, drains, wells, pools, cisterns, bodies or containers of water in which mosquitoes breed or are likely to breed, or which are so constructed, formed, conditioned or situated as to endanger the public health or safety;
4. Rank weeds or grass, carcasses or accumulations of manure, refuse or other things which are, or are likely to be, breeding places for flies, mosquitoes, vermin or disease germs;
5. Any pit, hole or other thing which is so constructed, formed, conditioned and/or situated as to endanger the public safety;
6. Any fire or explosion hazard which endangers the public peace, health, safety or welfare.
7. Any obstruction of public sidewalks by any permanent or temporary means that does not allow a radius of seventy-five percent (75%) of the width of the sidewalk to be open for pedestrian traffic flow.
(Ord. 11-16, Amended, 07/21/2011; Ord. 11-07, Amended, 05/12/2011; Ord. 87-9, Amended, 07/09/1987; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)
8.04.090 Abatement procedure.
A. Notice to Abate. The borough manager or his designee is authorized to notify the owner of any private property within the municipality, or the agent of such owner, to abate any nuisance which is occurring on the owner’s property. Such notice shall be by certified mail, addressed to the owner at his last known address as shown on the assessment rolls of the municipality or by hand delivery to the owner or agent of the owner.
B. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to abate the stated nuisance within ten (10) days after receipt of written notice provided for in subsection A, or within ten (10) days after the date of mailing of such notice in the event the same is returned to the municipality because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the agent designated by the municipality is authorized and empowered to pay for the abatement of the nuisance or to order its abatement by the municipality.
C. Payment of Charges. When the municipality has abated the nuisance, or has paid for its abatement, the actual cost, plus accrued interest at the rate of ten percent (10%) per year from the date of completion of the abatement work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular utility or tax bill forwarded to such owner by the municipality, and such charge shall be due and payable by the owner at the time of payment of such bill.
(Ord. 11-22, Amended, 10/06/2011; Ord. 11-16, Amended, 07/21/2011; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)
8.04.100 Penalty.
For violations of this chapter, refer to Chapter 1.20, General Penalty. Violations of this chapter are subject to civil fines established by resolution.
(Ord. 14-11, Amended, 06/19/2014; Ord. 07-26, Amended, 10/04/2007; Ord. 84-17 § 5 (part), Repealed & Replaced, 10/01/1984)