Title 8
Chapter 50
PUBLIC NUISANCES
Sections:
8.50.010 Public nuisance defined
"Public Nuisance" means:
- A condition which endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons;
- Any premises where persons gather for the purpose of engaging in unlawful conduct; or
- Any condition which renders dangerous for passage any public highway or right-of-way or waters used by the public. (Ord. 2728, 1997; Ord. 2603 (part), 1991).
8.50.020 Offense designated
A person commits the offense of maintaining a public nuisance if he knowingly creates, conducts, or maintains a public nuisance. (Ord. 2603 (part), 1991).
8.50.030 Extent of nuisance not limiting
Any act which affects an entire community or neighborhood or any considerable number of persons is no less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal. (Ord. 2603 (part), 1991).
8.50.035 Barbed wire and electric fences
- It is a public nuisance for any person to have, maintain or erect or allow to have, maintain or erect a barbed wire fence or an electric fence upon any premises in the City owned or occupied by such person or upon the boulevards or in any public roads, streets and alleys except as provided in subsection B of this section. "Electric fence" means any conductive material encompassing a property or partial property and having an electrical potential to earth ground.
- Exceptions.
- A fence wherein the barbs are at least six feet above grade and located on top of a security fence.
- A barbed wire fence in a suburban residential use district as designated in Title 17 of this Code. (Ord. 2728, 1997; Ord. 2417 (part), 1986).
- If the person fails to remove the barbed wire or electric fence within the time specified in a written notice of violation, the Community Development Director shall cause the fence to be removed from the premises and shall bill the cost thereof, together with a reasonable charge for administration and supervision, to the owner or occupant of the property. (Ord. 2728, 1997; Ord. 2417 (part), 1986).
8.50.040 Violation—penalty
A person convicted of maintaining a nuisance shall be fined not less than two hundred fifty dollars nor more than five hundred dollars or imprisoned in the County jail for a term not to exceed six months, or both. Each day of such conduct constitutes a separate offense. (Ord. 2603 (part), 1991).
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