The text
ARTICLE I. - IN GENERAL#
Secs. 10-1—10-18. - Reserved.#
ARTICLE II. - ADMINISTRATION#
DIVISION 1. - GENERALLY#
Sec. 10-19. - Itemized statement.#
The nuisance inspector shall prepare an itemized statement of all expenses incurred in the removal and destruction of nuisances and shall mail a copy thereof to the owner, occupant, or both, or to persons having an interest in the property, demanding payment within 20 days of the date of mailing. The notice shall be deemed delivered when mailed by registered mail addressed to the last known address of the property owner, occupant or persons having an interest in the property.
(Code 1981, § 10-354)
Sec. 10-20. - Failure to make payment.#
In the event the owner, occupant or person having an interest in the property fails to make payment of the amount set forth in the statement to the town treasurer within the 20 days, the nuisance inspector either may cause suit to be brought in an appropriate court of law or may refer the matter to the county treasurer as provided in this chapter.
(Code 1981, § 10-355)
Sec. 10-21. - Collection by lawsuit.#
In the event collection of expenses of destruction and removal are pursued through the courts, the town shall sue for and receive judgment for all said expenses of destruction and removal, together with reasonable attorneys' fees, interest and court costs, and shall execute upon such judgment in the manner provided by law.
(Code 1981, § 10-356)
Sec. 10-22. - Collection through taxes.#
In the event that the nuisance inspector elects to refer the expenses of destruction or removal to the county treasurer for inclusion in the tax notice of the property owner, he shall make in triplicate an itemized statement of all expenses incurred in the destruction and removal of the same and shall deliver the three copies of the statement to the county treasurer within ten days after the completion of the work of destroying or removing weeds, refuse, garbage, objects or structures. Thereupon, the costs of the work shall be pursued by the county treasurer in accordance with the provisions of U.C.A. 1953, § 10-14-4, and the recalcitrant owner shall have such rights and shall be subject to such powers as are thereby granted.
(Code 1981, § 10-357)
Sec. 10-23. - Criminal proceeding.#
The commencement of criminal proceedings for the purpose of imposing penalties for violations of this chapter shall not be conditioned upon prior issuance of a notice or the granting to the defendant of an opportunity to abate or remove the nuisance. The provisions of this chapter relating to notice and abatement shall be deemed merely alternative and additional methods of securing conformity to the provisions of this chapter.
(Code 1981, § 10-358)
Sec. 10-24. - Failure to comply.#
If any owner, occupant or other person having an interest in land described in such notice or decision to whom the notice was given shall fail or neglect to conform to the requirements thereof relating to the eradication, destruction or removal of weeds, garbage, refuse, objects or structures, the nuisance inspector shall employ all necessary assistance to cause such objectionable objects or conditions to be removed or destroyed at the expense of the town.
(Code 1981, § 10-353)
Sec. 10-25. - Penalty for failure to comply.#
(a)
Any owner, occupant or person having an interest in the property subject to this chapter who shall fail to comply with the notice or order given pursuant to this chapter shall be guilty of a Class C misdemeanor for each offense and further sum of $50.00 for each and every day such failure to comply continues beyond the date fixed for compliance.
(b)
Compliance by any owner, occupant or person to whom a notice has been given as provided in this chapter shall not be admissible in any criminal proceeding brought pursuant to this section.
(Code 1981, § 10-359)
Secs. 10-26—10-53. - Reserved.#
DIVISION 2. - INSPECTION AND NOTIFICATION#
Sec. 10-54. - Appointment and duties of inspector.#
(a)
There is hereby established the position of nuisance inspector whose duties it shall be to enforce the provisions of this chapter. Until another person is designated, the town marshal/chief of police shall enforce the provisions of this chapter. More than one person may be appointed to act as inspector under this section.
(b)
The nuisance inspector is authorized to:
(1)
Perform all functions necessary to enforce the provisions of the chapter; and
(2)
Inspect or cause to be inspected, as often as needed, all buildings, structures, lots or places for the purpose of determining whether such are in compliance with the provisions of this chapter.
(c)
If the inspector concludes there exists an objectionable condition in violation of this chapter, he shall:
(1)
Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions exist.
(2)
Serve notice in writing upon the owner and occupant of such premises, either personally or by mailing notice, postage prepaid, addressed to the owner and occupant at their last known post office addresses as disclosed by the records of the county assessor or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the same within such time as the inspector may designate, provided that any person notified pursuant to this subsection shall be given at least ten but not more than 20 days, as determined by the inspector following the date of service of such notice, to correct the objectionable condition. The notice shall:
a.
Contain a specific statement of the nature of the violation and generally describe the premises on which the violation exists;
b.
Inform the owner, occupant or other person that, in the event he disagrees with the determination of the inspector and does not wish to comply with the provisions of the notice or that he objects to the factual or legal basis for the notice, he may request in writing a hearing before the town council at a time and place to be set by the town council. A written application for a hearing shall state the time within which the person must conform to the provisions of the notice; and
c.
Inform the person that, in the event he fails or neglects to correct the objectionable condition, the town will correct the objectionable condition and will collect the costs of so correcting the objectionable condition by either a court action, in which case he will be assessed such costs together with reasonable attorneys' fees and court costs, or will charge the cost of correcting the violation against the property as a tax.
In the event the owner or occupant makes such request for a hearing, the town council shall set the time and place for hearing objections and the clerk/recorder shall notify the owner, occupant or other person in writing of the time and place at which they may appear and be heard. The hearing shall not be heard within less than five days from the date of service or mailing of the notice of hearing.
(Code 1981, § 10-351)
Secs. 10-55—10-81. - Reserved.#
DIVISION 3. - APPEALS#
Sec. 10-82. - Hearing.#
At the written request of an owner, occupant or other person having an interest in property which is the subject of a notice to remove or abate weeds, objectionable conditions, or objects from the property, the town council shall conduct an informal hearing (which need not be reported) wherein such persons may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is properly within the purview of this chapter. The town council shall also permit the presentation of evidence and argument by the nuisance inspector and other interested parties. Thereafter within not less than five nor more than ten days, the town council shall, over the signature of the mayor or such other member of the town council as it may designate, render its written decision, a copy of which shall be mailed to or served upon the owner or other person to whom the original notice was given by the inspector.
(Code 1981, § 10-352(A))
Sec. 10-83. - Determination of inspector.#
In the event the decision of the town council upholds the determination of the nuisance inspector, the notice originally given by the inspector as provided in section 10-54 shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions and he shall have up to ten days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed 30 days, is authorized by the inspector.
(Code 1981, § 10-352(B))
Sec. 10-84. - Overruling or modifying the determination of the inspector.#
In the event that the decision of the town council either overrules or modifies the determination of the nuisance inspector, the written decision of the town council shall apprise the owner or occupant of that fact and set forth the details and extent to which the owner or occupant must make the removal or other abatement of the objectionable objects or conditions, if any. The owner or occupant shall be required to conform to the decision of the town council within ten days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision of the inspector unless additional time is authorized by the town council.
(Code 1981, § 10-352(C))
Sec. 10-85. - Amend notice and proof of service.#
The nuisance inspector shall file an amended notice and proof of service of notice and file the same in the office of the county treasurer.
(Code 1981, § 10-352(D))
Secs. 10-86—10-113. - Reserved.#
ARTICLE III. - NUISANCES#
DIVISION 1. - GENERALLY#
Sec. 10-114. - Nuisances defined.#
Whatever is dangerous to human life or health and whatever renders soil, air, water, or food impure or unwholesome is declared to be a nuisance and is unlawful. It shall be unlawful for any person either as an owner, agent, or occupant to create, or aid in creating or contributing to or maintaining of a nuisance.
(Code 1981, § 10-311)
Sec. 10-115. - Author of nuisance.#
Where a nuisance exists upon property and is the outgrowth of the usual, natural, or necessary use of the property, the landlord or his agent, the tenant or his agent, and all other persons having control of the property on which such nuisance exists shall be deemed to be the authors thereof and shall be equally liable and responsible. Where any such nuisance shall arise from the unusual or unnecessary use of such property or from the business thereon conducted, then the occupants and all other persons contributing to the continuance of such nuisance shall be deemed the authors.
(Code 1981, § 10-312)
Sec. 10-116. - Real property to be kept clean.#
It shall be an infraction for any person owning or occupying real property to allow weeds to grow higher on such property than is permitted by this chapter or not to remove from such property any cuttings of such weeds or any refuse, unsightly or deleterious objects after having been given notice from the health director as hereinafter provided.
(Code 1981, § 10-321)
Secs. 10-117—10-145. - Reserved.#
DIVISION 2. - REGULATIONS AND RESTRICTIONS#
Sec. 10-146. - Declaration of nuisance.#
(a)
Every act or condition made, permitted, allowed or continued in violation of section 10-114 is hereby declared to be a nuisance and may be abated and punished as hereinafter provided.
(b)
Nuisances include, but are not limited to:
(1)
Befouling water in any spring, stream, well, or water source supplying water for culinary purposes;
(2)
Allowing any privy, vault or cesspool or other individual wastewater disposal system to become a menace to health or a source of odors to air or water;
(3)
Permitting any garbage container to remain on premises when it has become unclean and offensive;
(4)
Allowing vegetable waste, garbage, litter, filth or refuse of any nature to accumulate within or upon any private alley, yard or area except when it is temporarily deposited for immediate removal;
(5)
Permitting the accumulation of manure in any stable, stall, corral, feed yard, yard, or in any other building or area in which any animals are kept;
(6)
Permitting any slaughterhouse, market, meat shop, stable, feed yard, or other place or building wherein any animals are slaughtered, kept, fed, or sold to remain unclean or in any state or condition detrimental to health or creating a nuisance because of odors or in which flies or rodents breed;
(7)
Discharging or placing any offensive water, liquid waste, or refuse of any kind into any street, alley, sidewalk, gutter, stream, wash, natural watercourse, ditch, canal, or any vacant lot or which as the result of continued discharge will render the place of discharge offensive or likely to become so;
(8)
Keeping or collecting any stale or putrid grease or other offensive matter;
(9)
Having or permitting upon any premises any fly- or mosquito-producing condition;
(10)
Keeping any drinking vessel for public use without providing a method of decontamination between uses;
(11)
Permitting or performing any ablutions in or near any public drinking fountain;
(12)
Failing to furnish any dwelling house, boardinghouse, or factory or other place of employment with such privy vaults, water closets, sinks or other facilities as may be required to maintain the same in sanitary condition;
(13)
Neglecting or refusing to discontinue use of, clean out, disinfect, and fill up all privy vaults and cesspools or other individual wastewater disposal systems within 20 days after notice from an enforcement officer or official of the town;
(14)
Permitting any lot or excavation to become the repository of stagnant water or any decaying or offensive substances; and
(15)
Obstructing or tending to obstruct or interfere with or render dangerous for passage any street or sidewalk, lake, stream, drainage canal or basin, or any public park without first obtaining the written permission of the town council.
(Code 1981, § 10-313)
Sec. 10-147. - Enumeration of nuisances not a limitation.#
The types of nuisances stated in section 10-146 shall be deemed in addition to and in no way a limitation of the nuisances subject to this chapter.
(Code 1981, § 10-314)
Sec. 10-148. - Toilet or sewer facilities.#
All toilet or sewer facilities shall be constructed and maintained in accordance with the ordinances of the town. All such facilities that do not comply with such provisions are hereby declared to be a nuisance and are subject to abatement as herein prescribed.
(Code 1981, § 10-315)
Sec. 10-149. - Restrictions on blocking water.#
(a)
It shall be unlawful for any person to permit any drainage system, canal, ditch, conduit or other watercourse of any kind or nature, natural or artificial, to become so obstructed as to cause the water to back up and overflow therefrom, or to become unsanitary.
(b)
Maintenance of any such watercourse in such condition shall constitute a nuisance and the same shall be subject to abatement.
(Code 1981, § 10-316)
Secs. 10-150—10-166. - Reserved.#
DIVISION 3. - WEEDS AND WILD GROWTH#
Sec. 10-167. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Weeds includes any vegetation commonly referred to as a weed, or which shall have been designated a noxious weed by the state commissioner of agriculture.
(Code 1981, § 10-322)
Sec. 10-168. - Standards of weed control.#
(a)
It is hereby declared that weeds constitute a nuisance when they create a fire hazard, a source of contamination, or pollution of the water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to humans or are unsightly or deleterious to their surroundings.
(b)
Cut weeds shall be removed from the premises within 24 hours after cutting.
(Code 1981, § 10-323)
Secs. 10-169—10-189. - Reserved.#
DIVISION 4. - DISCARDED AND ABANDONED ARTICLES#
Sec. 10-190. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Nuisance means any condition of use of premises or of building exteriors which are deleterious or injurious, noxious or unsightly which includes, but is not limited to, keeping or depositing on, or scattering over the premises any of the following: (1)
Lumber, junk, trash, or debris; and
(2)
Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers.
(Code 1981, § 10-331)
Sec. 10-191. - Duty of maintenance of private property.#
No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises are located.
(Code 1981, § 10-332)
Sec. 10-192. - Storage of personal property.#
Unsheltered storage of old, unused, stripped and junked machinery, implements, equipment or personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, for a period of 30 days or more (except in licensed junkyards) within the town, is hereby declared to be a nuisance and dangerous to the public safety.
(Code 1981, § 10-333)
Sec. 10-193. - Abatement of nuisance by owners.#
The owners, tenants, lessees or occupants of any lot within the town on which such storage as defined in section 10-192 is made, and also the owners or lessees of the above-described personal property involved in such storage shall jointly and severally abate such nuisance by its prompt removal into completely enclosed and secured buildings to be used for such purposes, or otherwise to remove such property from the town.
(Code 1981, § 10-334)
Secs. 10-194—10-224. - Reserved.#
ARTICLE IV. - LITTER#
DIVISION 1. - GENERALLY#
Sec. 10-225. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorized receptacle means a public or private litter storage and collection receptacle.
Commercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature which: (1)
Advertises for sale any merchandise, product, commodity, or thing;
(2)
Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest in sales thereof;
(3)
Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. However, the terms of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license, where such license is or may be required by any law of the state, or under any ordinance of the town; or
(4)
While containing reading matter other than advertising matter, is predominately and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
Garbage means waste from the preparation, cooking, or consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels and other places where food is handled, stored, sold, cooked or consumed.
Litter means "garbage," "refuse," and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety or welfare or appearance of the town.
Newspaper means any newspaper of general or local circulation or any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
Noncommercial handbill means any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.
Park means a park, reservation, playground, beach, recreation center or any other public area in the town, owned or used by the town.
Refuse means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, and solid market and industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
Vehicle means every device in, on, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively on stationary rails or tracks.
(Code 1981, § 10-431)
Secs. 10-226—10-243. - Reserved.#
DIVISION 2. - REGULATIONS AND RESTRICTIONS#
Sec. 10-244. - Litter in public places.#
No person shall throw or deposit litter in or on any street, sidewalk or other public place except: (1)
In authorized receptacles for collection or in official municipal garbage dumps; or
(2)
For collection as authorized by the town council.
(Code 1981, § 10-432)
Sec. 10-245. - Placement of litter in receptacles so as to prevent scattering.#
Persons placing litter in authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements on any street, sidewalk or other public place or on private property.
(Code 1981, § 10-433)
Sec. 10-246. - Sweeping litter into gutters prohibited except as otherwise authorized by the town council.#
No person shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
(Code 1981, § 10-434)
Sec. 10-247. - Merchants' duty to keep sidewalks free of litter.#
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of litter.
(Code 1981, § 10-435)
Sec. 10-248. - Litter thrown by persons in vehicles.#
No person, while a driver or passenger in a vehicle, shall throw or deposit litter on any street or other public place, or on private property.
(Code 1981, § 10-436)
Sec. 10-249. - Truck loads causing litter.#
No person shall drive or move any truck or other vehicle unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited on any street, alley or other public place. Nor shall any person drive or move any vehicle or truck, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
(Code 1981, § 10-437)
Sec. 10-250. - Litter in parks.#
No person shall throw or deposit litter in any park except in authorized receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements on any part of the park or on any street or other public place. Where authorized receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
(Code 1981, § 10-438)
Sec. 10-251. - Litter in lakes, fountains, etc.#
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere.
(Code 1981, § 10-439)
Sec. 10-252. - Throwing or distributing handbills in public places.#
No person shall throw or deposit any commercial or noncommercial handbill in or on any sidewalk, street or other public place. Unless otherwise authorized by the town council, it is an infraction for any person to hand out, distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
(Code 1981, § 10-440)
Sec. 10-253. - Placing handbills on vehicles.#
Unless otherwise authorized by the town council, no person shall throw or deposit any commercial or noncommercial handbill in or on any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
(Code 1981, § 10-441)
Sec. 10-254. - Depositing handbills on uninhabited or vacant premises.#
No person shall throw or deposit any commercial or noncommercial handbill in or on any private premises which are temporarily or continuously uninhabited or vacant.
(Code 1981, § 10-442)
Sec. 10-255. - Prohibiting distribution of handbills where properly posted.#
No person shall throw, deposit or distribute any commercial or noncommercial handbill on any private premises, if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left on such premises.
(Code 1981, § 10-443)
Sec. 10-256. - Distributing handbills at inhabited private premises.#
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or on private premises which are inhabited, except by handling or transmitting any such handbill directly to the owner, occupant, or other person then present in or on such private premises. However, in case of inhabited private premises which are not posted, as provided in this article, such person, unless requested by anyone on such premises not to do so, may place or deposit any such handbill in or on such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when prohibited by federal postal law or regulations.
(Code 1981, § 10-444)
Sec. 10-257. - Exemption for mail and newspapers.#
The provisions of this article shall not apply to the distribution of mail by the United States, nor to newspapers except that newspapers shall be placed on private property in such a manner so as to prevent their being carried or deposited by the elements on any street, sidewalk, or other public place or on private property.
(Code 1981, § 10-445)
Sec. 10-258. - Posting notice prohibited.#
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or on any public structure or building, except as may be authorized or required by law.
(Code 1981, § 10-446)
Sec. 10-259. - Litter on occupied private property.#
No person shall throw or deposit litter on any occupied private property, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements on any street, sidewalk or other public place or on any private property.
(Code 1981, § 10-447)
Sec. 10-260. - Litter on vacant lots.#
No person shall throw or deposit litter on any open or vacant private property whether or not owned by such person.
(Code 1981, § 10-448)
Sec. 10-261. - Handbills and posters.#
(a)
No person or business shall post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, or upon any sidewalk, curb, or any other portion or part of any public way or public place or any lamp post, electric light, telegraph, telephone or railway structure, hydrant, shade tree or tree-box, or upon the columns, trusses, girders, railings, gates or other parts of any bridge or other public structure or building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States or the state and the ordinances of the town.
(b)
It shall be unlawful to distribute indiscriminately to the public by leaving at houses or residences in the town any cards, circulars, handbills, samples of merchandise, or any advertising matter whatsoever without having first secured a permit therefor. This section shall not be construed to apply to the sale of articles by licensed peddlers.
(c)
Applications for such permit shall be made to the clerk/recorder and shall contain a statement of the nature of the articles, cards or advertisement to be distributed, the name of the applicant and the name of the manufacturer or distributor of such article or service advertised.
(d)
Licenses shall be issued only to persons of good character. The town marshal/chief of police shall make or cause to be made an investigation into the character of each applicant and shall report the results thereof to the clerk/recorder before any such license is issued.
(Code 1981, § 10-449)
Secs. 10-262—10-285. - Reserved.#
ARTICLE V. - OFFENSIVE BUSINESSES AND FACILITIES#
Sec. 10-286. - Commencement of offensive business.#
No person shall commence or change the location of an offensive business or establishment in or within one mile of the town limits without first filing an application for a license to do so with the clerk/recorder.
(Code 1981, § 10-241(A))
Sec. 10-287. - Offensive businesses enumerated.#
Offensive businesses, within the meaning of this article, shall include, but not be limited to, packing houses, dairies, tanneries, canneries, renderies, junkyards or salvage yards, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, distilleries, livery stables, blacksmith shops, or any other enterprise or establishment which creates excessive odors, fumes, smoke, gases, or noises.
(Code 1981, § 10-241(B))
Sec. 10-288. - Application for license.#
The application for a license shall specify the location at which the business or establishment is to be operated and maintained or the new location to which it is to be moved. The application shall describe the type of activity which will be conducted and describe the manner in which the business or establishment shall eliminate, control, or modify the emission by the business of undesirable odors, fumes, noises, and other noisome features and the manner in which it shall be screened from public view, if its appearance is offensive.
(Code 1981, § 10-241(C))
Sec. 10-289. - Issuance of licenses.#
(a)
The town council shall cause a study to be made of the proposed business or relocation of any offensive business or establishment by the board of health and by personnel engaged in the inspection of buildings and other facilities. A report and recommendation shall be made to the town council. The town council, after review, may grant to the applicant an opportunity to be heard and present additional facts. Thereafter the town council may:
(1)
Deny the application;
(2)
Recommend a modification thereof; or
(3)
Grant a limited license to enter into the business or make the change of location subject to the requirement that the business or facility conform to standards established by the town council with reference to controlling the offensive features of the business.
(b)
In the event a license is granted, it shall be subject to revocation either upon failure of the operator or owner to conduct his business in the manner specified by the town council at the time of the granting of the license, or because a change of circumstances makes the continued operation or maintenance of the business or facility a public nuisance.
(c)
The town council shall have power to revoke or modify the permission to operate and maintain the business in such a manner as it deems necessary for the public good.
(Code 1981, § 10-242)
Sec. 10-290. - Existing offensive businesses and facilities.#
(a)
The town council may require an investigation of any existing offensive business or facility to determine whether or not it should be permitted to remain in existence in or within one mile of the municipal limits. If the town council determines that the continuation of the business or facility has become a nuisance to persons situated within the municipal limits or that ample control is not being exercised to minimize the creation of excessive odors, fumes, smoke, gases, and noise, it shall notify the owner or operator thereof that the town council is considering revoking or modifying the operator's license.
(b)
If the town council decides to require a modification of the manner in which the business or facility is to be maintained, it shall specify the standards or specifications to which the enterprise must conform or otherwise lose its license to engage thereafter in the business or activity.
(Code 1981, § 10-243)
Sec. 10-291. - Control of animal and fowl facilities.#
(a)
The town council shall have the power to prohibit or control the location and management of any offensive, unwholesome business or establishment in or within one mile of the town and may compel the owner of any pigsty, privy, barn, corral, fur-bearing animal farm, feed yard, poultry farm, or other unwholesome or nauseous house or place to cleanse, abate or remove the same.
(b)
The town council may, on its own initiative, and shall, on complaint of a member of the public, examine the operation, control or location of any business or facility for the purpose of determining whether or not the operation of such business or facility should be improved so as to minimize the offensive and unwholesome characteristics or whether the business or activity should be moved or abated.
(c)
In the event that the town council decides that the business or facility should be abated, removed, or controlled, it shall notify the owner or operator of the business or facility of such fact.
(d)
After a hearing, the town council may issue a limited license wherein it may prescribe the specifications and standards which must be followed by the business or facility in order to be permitted to continue operation.
(e)
Upon a determination by the town council that the business or facility is a nuisance, it shall have power to order the abatement or removal of the facility or establishment. If the owner fails to conform to such order, the town council shall have power to bring all necessary legal proceedings to force removal, abatement, or adherence to standards.
(Code 1981, § 10-244)