ORDINANCE #18-2015 Public Nuisance

ORDINANCE #18-2015

PUBLIC NUISANCE ORDINANCE

 

Sec 1.  Public nuisances defined.

Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; interferes with or destroys or renders dangerous any street, highway or navigable stream; allows accumulation of junk or obnoxious matters on private property; or in any way renders the public insecure in life or property. “Public nuisance” shall include, but not be limited to, whatever is forbidden by any provisions of this chapter and the common and statute law of this state.

Sec. 2.  Noises Prohibited

Among others, each of the following acts is declared unlawful and is prohibited, but this

enumeration shall not be deemed to be exclusive, namely:

(A) Horns and signal devices

The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control or to give warning of intent to get under motion, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of sounding of such device for an unnecessary and unreasonable period of time.

(B) Radio and musical instruments.

 The playing of any radio, television, phonograph, or any musical instrument in such a manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity;

(C) Shouting and whistling.

 Yelling, shouting, hooting, whistling or singing or the making of any other loud noise on the public streets, between the hours of 11:00 p.m. and 7:00 a.m. or the making of any such noise at any time so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity.

(D) Hawking. 

The hawking of goods, merchandise or newspapers in a loud and boisterous manner.

(E) Animal and bird noises.

The keeping of any animals or birds which by causing frequent or long continued noise shall disturb the comfort or repose of any person.

(F) Whistle or siren.

 The blowing of any whistle or siren, except as a warning of fire or danger.

(G) Engine exhausts.

The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle, except through a muffler or other device which effectively prevents loud explosive noises from.

(H) Construction noises.

 The erection, including excavating, demolition, alteration, or repair of any building, the excavation of streets and highways, other than between the hours of 7:00 a.m. and 6:00 p.m. unless a permit be first obtained from the Village Council.

(I) Handling merchandise.

 The creating of a loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.

(J) Devices to attract attention.

 The use of any drum, loudspeaker, amplifier, or other instrument or device for the purpose of attracting attention for any purpose.

(K) Noise or commotion.

 To make a commotion or make unnecessarily loud noises, whereby the peace and good order of the neighborhood is disturbed, or persons owning or occupying property in the neighborhood are disturbed or annoyed.

(L) Sound trucks.

To operate or cause to be operated a sound truck with radio or amplifier within the Village without first having obtained a permit therefore from the Village Council.

Sec. 3 Exceptions

None of the prohibitions in Sec 2. shall apply to or be enforced against any police or fire vehicle of the Village or ambulance while engaged upon necessary public emergency business; necessary excavations or repairs of bridges, streets, or highways by, or on behalf of the Village, county or state during the night, when the public safety, welfare, and convenience renders it impossible to perform such work during the day; the reasonable use of stationary amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.

Sec. 4 Deposit of Unwholesome Substances

No person shall by himself or by another, throw, place, deposit or leave in the street, lane, alley, public place or square, any animal or vegetable substance, dead animals, fish, shavings, dirt, rubbish, excrement, filth, unclean or nauseous water or liquor, hay, straw , soot, offal, garbage, swill, or any other article or substance whatever which may cause any offensive, unwholesome, or nauseous smell, or endanger the health of the public.

Sec. 5 Dangerous Structures

No person shall maintain any structure which is unsafe or which is a menace to the health, morals or safety of the public, nor shall any tree which is determined unsafe or a menace to the safety of the public be allowed to remain on any persons property.

In the event any officer of the Barryton Police Department or Officer of the Village shall determine that there exists a nuisance within the meaning of Section 5 of this chapter and code, such officer shall cause a notice to be served on the owner or occupant of the premises on which said nuisance exists, requiring such person to abate said nuisance within the time specified in the notice.  Service of the notice shall be made by:

  1. Delivering the notice to the owner or occupant personally or by leaving the same at his/her residence, office or place of business with some person of suitable age and discretion.
  2. Affixing/posting the notice to the owner or occupants front door.
  3. Mailing said notice by certified mail to such owner or occupant at his last known address.In the event such person fails to abate said nuisance in accordance with the notice, the village shall do so, the cost thereof shall be charged against the owner or occupant of the premises and the payment thereof shall be enforced as a special assessment.  or disturbance to persons by frequent and habitual barking, howling or yelping

In the event such person fails to abate said nuisance in accordance with the notice, the village shall do so, the cost thereof shall be charged against the owner or occupant of the premises and the payment thereof shall be enforced as a special assessment.

Sec. 6  Barking, Howling

It shall be unlawful for any person to own, harbor or keep any dog which shall cause annoyance

or disturbance to persons by frequent and habitual barking, howling or yelping.

Sec. 7  Penalty

(1)        The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

(2)        The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

Section 8:  Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

Sec. 9 Notice to be published

The Village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE SHALL TAKE EFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the April 8, 2015council meeting and cause the same to be published as required by law.

Yeas___5__ Nays____0_____ Ordinance declared: Adopted

Published April 17, 2015     Effective Date May 8, 2015

____Jennifer Trelfa___________

Village Clerk

____Deb Buehner_____________

Village President