Ordinance #97
The purpose of this ordinance is to amend and revise Nuisance Ordinance #74.
Be it ordained by the Board of Aldermen of the City of Sheridan that Ordinance #73 shall be revised and amended to read as follows:
Section 1: No person shall permit, cause, keep, maintain, or do any nuisance in the City of Sheridan as defined by the laws of this State or by the Ordinances of the City of Sheridan.
Section 2: A nuisance shall be defined generally as the unreasonable invasion or impairment of another’s use and enjoyment of property belonging to the other person or to the public, thereby impairing, injuring, or potentially impairing or injuring the health, welfare, safety, or peace to the public. The following are hereby deemed and declared to be nuisances; provided, however, that such listing shall not be deemed exclusive:
(a) Any act done or committed or suffered to be done or committed by any person, or any substance or thing kept, maintained, placed, or found in or upon any public or private place within this City which is injurious, dangerous, annoying, unsafe, or offensive to the public.
(b) Any pursuit followed or any act done or omission failed to be done by any person which is injurious, dangerous, annoying, unsafe, or offensive to the public.
(c) Any building, bridge, or other structure which is unsafe, dangerous, injurious, unhealthy, offensive, or annoying to the public.
(d) Any obstruction caused or permitted on any street, sidewalk, public or private alley, which is injurious, dangerous, offensive, inconvenient, unsafe, or unhealthy to the public.
(e) Any tenement, boarding house, or lodging house in the City leased, rented, or occupied by any person for dwelling, which is not sufficiently lighted, ventilated, heated, or provided with water or kept in a clean and sanitary condition, which is dangerous, injurious, obnoxious, offensive, or unsafe to the public.
(f) Any horse, cattle, hog, sheep, cow pen, or any other enclosure in which any type of animal, pet, or livestock is kept, which is offensive, injurious, unsafe, or annoying to the public.
(g) Any cellar, private drain, pool, privy, sewer, or sink or container which may be sufficiently tightly enclosed to cause suffocation, which is injurious, dangerous, unsafe, or offensive to public health.
(h) Any damaged or disabled vehicle or machine, part thereof, or junk, located on any property, street, or highway which presents a hazard to children, or harbors tall grass, weeds, or other vegetation, or creates a fire hazard, or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats, or other vermin or which is dangerous, injurious, obnoxious, offensive, or unsafe to the public; or any vehicle, part thereof, or junk allowed to remain unmoved on any street or highway for 48 hours. For purposes of this chapter, a vehicle includes, but is not limited to, any thing or machine deriving power from any source other than muscle or wind, such as all types of automobiles, ATV’s, dune buggies, all two and four wheel drive or low pressure tired vehicles, vehicles using an endless belt or tread or treads or a combination of treads, motorcycles, trail bikes, mini bikes and related vehicles, motor boats, farm type tractors and other self-propelled equipment for harvesting and transporting farm or forest products, self-propelled lawn mowers, lawn tractors, golf carts, and etc.
(i) All substances which emit or cause any foul, noxious, unhealthy, or disagreeable odor or effluvia in the neighborhood where they exist.
(j) All carcasses of animals remaining exposed one hour after death.
(k) Any stable or barn or other structure which emits or causes an offensive, disagreeable, or noxious smell or odor.
(l) All slop, foul or dirty water, liquor, or beer washings, all filth, refuse, or offal discharge through the drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, alley, lot, park, public enclosure, or any pond or pool of water.
(m) All vegetables or other articles that emit or cause any offensive or disagreeable smell or odor.
(n) All articles or things whatsoever caused, kept, maintained, or permitted by any person to the injury, annoyance, or inconvenience to the public.
(o) All pursuits followed or engaged in or acts done by any person to the injury, annoyance, or inconvenience of the public.
(p) All ashes, cinders, slops, filth, excrement, sawdust, stones, dirt, straw, sticks, shavings, oyster shell, cans, bottles, dust, paper, trash, rubbish, manure, refuse, offal, waste water, chamber lye, fish, putrid meat, garbage, entrails, decayed fruit and vegetables, rags, old iron or other metal, old wearing apparel, all animal or vegetable matter, all dead animals, or other offensive or disagreeable substances or thing thrown, left, or deposited, or caused to be thrown, left, or deposited by anyone, in or upon any street, alley sidewalk, park, or public enclosure, lot, vacant or occupied, or pond or pool of water.
(q) All boxes, barrels, kegs, crates, boards, or wood, wagons, engines, machinery, automobiles or parts thereof, or piles of stones, dirt or bricks left or deposited by anyone upon any sidewalk, gutter, or on any parkway, on any street, alley, or in front or along the side of any building, lot, vacant or occupied, or pond or pool of water, except as permitted by the Ordinances of the City of Sheridan.
(r) The burning upon any street, alley, public enclosure, park sidewalk or other place in the City, of any animal, vegetable, or other substance, the burning of which created any disagreeable, noxious, or unwholesome smell or odor.
(s) Any growth of weeds, grass, or poisonous or harmful vegetation to a greater height than 12 inches the average within 200 feet of any building or 100 feet of any street, or any accumulation of dead weeds, grass, or brush within 200 feet of any approved street.
(t) Any trees or shrubbery adjacent to any public street or alley, the foliage of which may obstruct, hinder, or endanger the safe passage of traffic open upon any street or alley.
(u) The depositing, throwing, placing, or allowing the depositing, throwing, or placing of any animal or vegetable substance, hay, straw, ashes, cinders, sticks, shavings, trash, soot, cans, broken ware, rags, pieces of iron or metal, old wearing apparel or other substances likely to cause sewers to be obstructed, into any sewer, sewer inlet, manhole, or septic tank which has a sewer connection or outlet.
Section 3: Abatement of Nuisances – Whenever it shall be brought to the attention of the City Council that any nuisance, as hereinbefore in the Chapter defined has been committed or existing, it shall be the duty of the City Council, with consent of the City Attorney, to forthwith notify the person or persons who have committed or suffer the continuance of such nuisance, or the occupant of the property on which the nuisance exists, to have such nuisance forthwith removed and abated, and with the time limited in such notice. Such notice shall be in writing and shall be served upon the person or persons who have committed the nuisance or has permitted the continuance of such a nuisance.
Section 4: Expense of Suppression, How Paid – If the owner or occupant of the premises whereon a nuisance has been committed or permitted to continue fails to cease or remove said nuisance, the same may be suppressed by the City Council or under their direction, and the expense of abating the same may be assessed against the owner or occupant of the property, and against the property on which said nuisance is committed, and a special tax bill may be issued against said property for the expense of abating said nuisance.
Section 5: Person Failing to Remove or Abate, Guilty of a Misdemeanor; Severable: Any person who shall cause, commit, keep or suffer, or maintain, permit, or do any nuisance as specified and prohibited in this Chapter, and who shall not abate or remove such nuisance within the time specified in the notice given to him or her as herein provided, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $1 nor more than $100. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is for any reason held invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(Signed)
Bud Allee
Mayor
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