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HomeMy WebLinkAbout1091 OrdinanceORDINANCE NO. - . 1091 , AN ORDINANCE FOR THE PROTECTION OF PUBLIC IIEALTH, DEFINING NUISANCES AND DECLARING CERTAIN CONDITIONS, PLACES AND THINGS TO BE NUISANCES AND PROHIBITING THE SAME AND PROVIDING FOR THE ABATEMENT THEREOF, AND PROVIDING A PENALTY, AND REPEALING ORDINANCE NO. 8 AND PASCO CITY CODE CHAPTER 10--4 AS IT NOW EXISTS. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. For the purposes of this ordinance the word person wherever used in said ordinance} shall be held and construed to mean and include natural persons of either sex, firms„- co --partnerships and corporations,_ and all associations of natural persons, whether acting by themselves or by a servant or employee. Section 2. NUISANCE, GENERALLY DEFINED: A nuisance consists in doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either (1) Annoys, injures or endangers the comfort, repose, health or safety of others, or (2) Offends decency, or (3) Is offensive to the senses, or (4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any.stream, public park, parkway, square, street, highway, or sidewalk, in the City of Pasco, or (5) In any way renders other persons insecure in life or the use of property, or (6) Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property. Section 3. NUISANCE, SPECIFICALLY DEFINED. The following specific acts, omissions, places, conditions, and things are hereby declared to be nuisances: The erecting, maintaining, using, placing, depositing, � r 1 ( , c` ORDINANCE NO. - . 1091 , AN ORDINANCE FOR THE PROTECTION OF PUBLIC IIEALTH, DEFINING NUISANCES AND DECLARING CERTAIN CONDITIONS, PLACES AND THINGS TO BE NUISANCES AND PROHIBITING THE SAME AND PROVIDING FOR THE ABATEMENT THEREOF, AND PROVIDING A PENALTY, AND REPEALING ORDINANCE NO. 8 AND PASCO CITY CODE CHAPTER 10--4 AS IT NOW EXISTS. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. For the purposes of this ordinance the word person wherever used in said ordinance} shall be held and construed to mean and include natural persons of either sex, firms„- co --partnerships and corporations,_ and all associations of natural persons, whether acting by themselves or by a servant or employee. Section 2. NUISANCE, GENERALLY DEFINED: A nuisance consists in doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either (1) Annoys, injures or endangers the comfort, repose, health or safety of others, or (2) Offends decency, or (3) Is offensive to the senses, or (4) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any.stream, public park, parkway, square, street, highway, or sidewalk, in the City of Pasco, or (5) In any way renders other persons insecure in life or the use of property, or (6) Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property. Section 3. NUISANCE, SPECIFICALLY DEFINED. The following specific acts, omissions, places, conditions, and things are hereby declared to be nuisances: The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any sidewalk, street, avenue, alley, park, parkway, or other public or private place, in the City of Pasco, of any one or more of the following disordered, disturbing, unsanitary, fly and/or mosquito producing, rat -harbouring, disease -causing places, conditions or things, that is to say: (1) The keeping or harbouring of any dog or cat which by frequent or habitual howling, yelping or barking annoy or disturb the comfort or repose of any person or persons in the vicinity. (2) The keeping of rabbits, chickens, goats, pigs, bees, mules, horses, mink, dogs, cats, muskrats or any other animals within the city limits of the City of Pasco that are of such nature as to create offensive smells, noises and conditions in the vicinity in which they are kept. (3) Unnecessary tooting of automobile horns; unnecessarily loud playing radios in automobiles; or radios, phonographs, televisions or other sound equipment in other places so as to obstruct the reasonable and comfortable use of the adjoining property within the corporate limits of the City of Pasco. (4) The low -hanging branches from trees over sidewalks, streets, or alleys; the protrusion of shrubs, bushes and weeds from adjoining lots and parking strips, out over and onto the sidewalks so as to impede the ordinary and natural use of the same within the corporate limits of the City of Pasco. (5) Any putrid, unsound, or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish, or fowl. (6) Privies, vaults., cesspools, sumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous. (7) Filthy, littered or trash -covered cellars, house -yards, barn -yards, stable -yards, factory -yards, vacant areas in rear of stores, vacant lots, houses, buildings, or premises. (8) Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the City of Pasco. (9) Poison oak, poison ivy, or poison sumac (whether growing or otherwise), liquid household waste, human excreta, garbage, butchers' trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity; provided nothing herein contained shall prevent the temporary retention of waste in receptacles in the manner approved by the health officer of the City of Pasco nor the dumping of non-putrifying waste in a place and manner approved by the said health officer. (10) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric a brac, broken'•, stone or cement, broken crockery, broken glass, broken plaster, automobile bodies and/or parts, and all such trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles approved by the said health officer. (11) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, scrap iron, tin and other metal not neatly piled or anything which may be a fire danger. (12) Any unsightly building, billboard, fence, excavation, or other structure, or any abandoned or partially destroyed building, fence, excavation, or structure, or any building, fence, excavation or structure commenced and left unfinished. (13) All places used or maintained as junk yards, or dumping grounds, or for :the wrecking or dissembling of automobiles, trucks, tractors, or machinery of any kind, or for.the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others. Section 4. Every agent or owner of any unoccupied building in the City of Pasco shall keep the same securely closed at all times against persons who may enter and commit a nuisance therein. Section 5. It shall be unlawful for any person to enter any unoccupied building and commit a nuisance therein. Section 6. Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property caused by a former owner, is liable therefor in the same manner as the owner who created it. Section 7. It shall be unlawful for any person to erect, contrive, cause, continue, or maintain a nuisance as herein defined or prohibited. Section 8. PENALTY. Every person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars ($300.00) including such sum as may be fixed for the abatement thereof, or by imprisonment in the city jail for a period not exceeding ninety (90) days, or by both such fine and imprisonment. I Section 9. ABATEMENT OF NUISANCE. Whenever a nuisance exists as defined in this ordinance, the City of Pasco may proceed by a suit in equity of the superior court of Franklin county to enjoin and abate the same in the manner provided by law; or it may elect 1--o enforce the provisions of this ordinance by complaint and warrant in the police court of the City of Pasco. Whenever, in any action brought in the police court, it is established that a nuisance exists as defined in this ordinance, the court shall, together with the fine or penalty imposed, if any, enter an order of abatement as a part of the judgment in the case, which order shall direct either: (1) That such nuisance be abated or removed by the defendant within the time limited by the court, and not exceeding thirty (30) days; or (2) That the nuisance may be abated by the City of Pasco at the cost of the defendant, in which case the court shall inquire into and estimate as nearly as possible the sum necessary to defray the expense of such abatement, and shall assess and enter the same as a part of the penalty imposed, and the same shall be a part of the judgment in the case, and shall be collected and enforced in the same manner that fines and costs are by law collected and enforced; provided, that in no such case shall the amount of the fine imposed, together with the amount assessed for abatement purposes, exceed the sum of three hundred dollars ($300.00). Section 10. All moneys collected for abatement purposes; as provided in this ordinance, shall be separately stated and item- ized by the clerk of the police court in his report to the city treasurer and shall be credited by the city treasurer to the depart- ment or division of the city government which shall be actually employed in the abatement of such nuisance. Section 11. The provisions of this ordinance shall be cumulative and in addition to the provisions of the now existing ordinances of the City of Pasco, and shall not have the effect of repealing any ordinance of the City of Pasco now in effect, except as provided in Section 13. Section 12. Each day's, or part of a day's continuance of anything prohibited by this ordinance shall be a separate offense hereunder. Section 13. Ordinance No. 8 and Pasco City Code, Chapter 10-4, as it now exists, are hereby repealed. Section 14. If any section or provision of this ordinance shall be held void or unconstitutional, all other sections and all other provisions of the ordinance which are not so held to be void or unconstitutional shall continue in full force and effect. Section 15. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED by the Mayor this /,,day of April, 1963. M A Y O R Attest City Clerk Approved as to form: City Attorney