ORDINANCE NO. 34
                                                                                                                                         
                                                         NUISANCES
                           
                              THE CITY OF ROYALTON HEREBY ORDAINS:               
                                                  
         
SECTION 1.         DEFINITIONS OF PUBLIC NUISANCE.                                                                                                                                       
 It shall be unlawful and a public nuisance to do any act or to admit to perform any act or omission which we set forth in the subsections and subdivisions which follow:

(a)    Annoy, injure or endanger the safety, health, comfort or repose of the public.

(b)    Offend public decency.

(c)     Unlawful to interfere with the use of or obstruct, or intent to obstruct or render dangerous for passage, a river, lake, stream, creek, canal, or basin or unlawful interference with the use of a public park, square, street, alley, or highway.

(d)    In any way render a considerable number of persons insecure in life or in the use of property.         

SECTION  2.        NUISANCES AFFECTING PEACE AND SAFETY ENUMERATED.
    The following are declared to be nuisances affecting public peace and safety.                   
(a)    OLD MACHINERY AND DEBRIS.
         The uncovered piling, storing or keeping of old machinery, motor vehicle component parts including but not limited to engines, transmissions, wheels, tires and doors, cut or uncut timber, pipes, or other junk or debris.                               

(b)    JUNK CARS.
         To have located upon any property in a residentially zoned area any motor vehicle which:
(1)    Lacks vital component parts, which are defined to mean those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels.
(2)    If it is in an inoperable condition such that it has no substantial potential for further use consistent with its usual function.
(3)    Is wrecked or junked and does not have a valid current motor vehicle license attached thereto, unless such motor vehicle is stored entirely within an enclosed permanent structure.

(c)     ABANDONED EXCAVATION.
         To leave any abandoned basement, well, shaft, wall, cesspool, or septic tank, or other excavation unless covered or filled or otherwise protected as to prevent persons from accidentally falling into the same or being injured thereby.

(d)    ABANDONED REFRIGERATOR.
         To leave any unused icebox, refrigerator or other box with a door thereon which will effectively exclude air when shut.

(e)    DANGEROUS MACHINERY, ETC.
         All unguarded dangerous machinery, equipment or other property in any public place or so situated or operated on private property as to attract minor children.

(f)      LEAKING OR SPILLING LIQUIDS, ETC. FROM TRUCKS, ETC.
         Transport by truck or other vehicle, over any streets, alleys or other public way, any substance or fluid materials, unless such truck or vehicle is so constructed as to prevent the leakage of such material, substance or liquid, or if such material, substance or liquid emits an offensive odor or smell, without having a tight covering thereon.

(g)    NOXIOUS WEEDS AND GRASS.
         To fail to cut growths of noxious weeds on such property and grass over (8) eight inches in height. It shall be the duty of the property owner to cause the removal of all noxious weeds and grass. The property owner's duty to cut and remove all noxious weeds and grass shall extend to boulevards and alleyways adjacent to said owner's property.
         Agricultural operations conducted in accordance with the City's zoning    ordinance shall not be subject to cutting of grass over (8) eight inches in height.

(h)     DANGEROUS WEAPONS.
         To use any dangerous weapon on public land except in the physical education program in a school supervised by a member of its faculty, or a community-wide supervised class or event authorized by the City Council. Weapons to include but not limited to: bow and arrow, BB. Guns and rifles, air and pellet guns and rifles, and any form of sling shot.                  

SECTION 3.       DUTY TO COMPLY WITH ORDINANCE.
   No person shall cause or create any nuisance or permit any nuisance to be created or be placed upon or remain upon any premises owned or occupied by them; nor shall any person fail to comply with any reasonable Order made to the provisions of this Ordinance.              
    
SECTION   4.       ENFORCEMENT.
   It shall be the duty of the City Council (acting in conjunction with the City's police department) to enforce the provisions of this Ordinance, for abatement.
Whenever, in the judgment of the City Council, it is determined upon investigation
that a public nuisance is being maintained or exists within the City, the following shall apply:
                    
(a)    NOTIFICATION.
         The City shall notify in writing the person committing or maintaining such nuisance and require the person to terminate and abate said nuisance and to remove such condition or remedy any such defects. Such written notice shall be served upon the person committing or maintaining such nuisance in person or by registered mail. If the premises are not occupied and the address of the owner is unknown, service on the owner may be made by posting a copy of the notice on the premises. Said notice shall require the owner or occupant of such premises, or both to take reasonable steps within five days to abate and remove said nuisance. The maximum time for the removal of said nuisance, after service of said notice, shall not, in any event, exceed ten days. Service of notice may be proved by filing an Affidavit of Service with the Court Administrator, setting forth the manner and time thereof.

(b)    ABATEMENT OF NUISANCE.
         If, after service of notice, the person fails to abate the nuisance or make the necessary repairs, alterations or changes, in accordance with the order of the City, the City Council may cause such nuisance to be abated at the expense of the City and recover such expenditure by assessing the cost of the enforcement action against real property upon which the nuisance existed and to certify the same for collection in the same manner as taxes and special assessments are certified and collected. In addition, the violation of this Ordinance shall be an Administrative Ticket as set forth below.

SECTION  5.        PENALTY.
A violation of this Ordinance shall constitute an Administrative Ticket. Each violation of the provisions of this Ordinance shall constitute a separate offence. Each day of violation shall constitute a separate offence.

                              THIS ORDINANCE SHALL SUPERSEDE AND REPEAL ALL PRIOR AND CONSISTENT ORDINANCES. THIS ORDINANCE SHALL BE EFFECTIVE UPON PASSAGE AND PUBLICATION REQUIRED BY LAW.

DATED:                                                                          ____________________
                                                                                                                                CLERK

_______________________
                MAYOR