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,
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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.
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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