CHAPTER 93: NUISANCES
Section
Sewage Sludge
93.01 Prohibition of Sewage Sludge
93.02 Exception
Weeds
93.04 Weeds to Be Removed
93.05 Failure of Owner to Remove
93.08 Exemptions
Ashes, Rubbish, and Debris
93.15 Dumping or Depositing of Ashes, Rubbish, or Debris
Emissions into the Air
93.20 Emission of Smoke, Gases, or Ashes within City Limits
93.21 Method of Grading Density of Emissions
93.22 Emissions from Locomotives or Vehicles
93.23 Furnace Emissions
Junk Cars
93.30 Definitions
93.31 Declared to Be Public Nuisance
93.32 Authority of Police Department to Order Removal
93.33 Notice to Owner
93.34 Disposal of Junk Cars
Noise Control
93.40 Scope
93.41 Definitions
93.43 Enumeration of Certain Prohibited Acts
93.44 Prohibited Noise
93.45 Certain Acts Constitute Public Nuisance
93.46 Exemptions
Nuisance
93.60 Engaging in Games or Sports in Public Streets
Penalties
93.99 Penalties
SEWAGE SLUDGE
'93.01 PROHIBITION OF SEWAGE SLUDGE
It shall be unlawful for any person or association of persons to possess or to apply to any property within the City limits of the Civil City of New Haven any sewage sludge or any fertilizer or soil amendment derived from the processing of sewage.
[Ord. G-89-5, passed 3-14-89]
'93.02 EXCEPTION
This prohibition shall not apply to any bagged, dried sludge, if the sludge meets all United States Environmental Protection Agency standards for application to soil for the production of food for human consumption and if compliance with such standards is prominently certified to on the bag.
[Ord. G-89-5, passed 3-14-89]
WEEDS
'93.04 WEEDS TO BE REMOVED
(A) Weeds and other rank vegetation growing upon any real estate in the City are declared a nuisance.
(B) It shall be unlawful for any person to allow or permit any weeds or other rank vegetation to be or remain upon any property owned, leased, occupied by, or under the control of such person located within the City.
(C) Any poison ivy, ragweed, thistle, poison oak, or any growth of grass or weed, excluding agricultural crops or commodities or plants grown for recognized agricultural uses such as erosion or pest control, in excess of nine inches in height shall be considered as weeds or other rank vegetation.
[Ord. G-88-14, passed 9-13-88; Ord. G-94-8, passed 10-25-94]
'93.05 FAILURE OF OWNER TO REMOVE
(A) The City hereby adopts IC 36-7-10-3.
(B) Upon the failure of any owner, lessee, or occupant of real estate to cut or remove the weeds as provided for above, the City Clerk Treasurer, or his or her designated deputy for that purpose, may demand that the weeds or other rank vegetation be cut or removed within five (5) days. The demand shall be served upon the owner, lessee or occupant by either of the following methods:
(1) Delivery by registered or certified mail to the owner, lessee or occupant, at the address last shown on the City records, of a written notice of violation of the City Weed Ordinance; or
(2) Posting in a visible place upon the premises a notice of violation of the City Weed Ordinance and sending, by first class mail, to the owner, lessee or occupant, at the address last shown on the City records, a written notice of violation of the City Weed Ordinance.
The City Clerk Treasurer, or his or her designated deputy for that purpose, may, but shall not be required to, provide such additional notice as he or she may determine appropriate under the circumstances.
(C) If the owner, lessee or occupant of real estate fails to cut or remove the weeds or other rank vegetation within the time demanded, the City may remove the vegetation.
(D) Upon cutting or removal of the weeds or other rank vegetation by the City, the City Clerk Treasurer shall make a certified statement of the actual cost incurred by the City in such removal, which certified statement shall include administrative expenses. The certified statement shall be delivered to the owner, lessee, or occupant of the real estate by registered mail. If the owner, lessee, or occupant fails to pay the amount certified on the statement within ten days after receipt of the statement, a certified copy of the statement shall be filed in the Office of the Auditor of Allen County, and the amount contained thereon shall be added to the tax duplicate of the property affected by the work.
[Ord. G-88-14, passed 9-13-88; Ord. G-97-13, passed 7-8-97]
'93.08 EXEMPTIONS
The Board of Public Works and Safety may authorize an exemption to the provisions of '93.05 upon application of any person, provided that the Board of Public Works and Safety finds that the exemption is sought for cultivated land in commercial, domestic, agricultural or horticultural use or as a natural developed forest and which does not create a health or safety hazard or does not otherwise create a nuisance.
[Ord. G-88-14, passed 9-13-88]
ASHES, RUBBISH, AND DEBRIS
'93.15 DUMPING OR DEPOSITING OF ASHES, RUBBISH, OR DEBRIS
It is a public nuisance and a danger to the users of a City street, alley, or sidewalk to allow the dumping or depositing of ashes, rubbish, or debris on the streets, alleys, and sidewalks unless the same is contained in a can, box, or containers for pick-up purposes and removed within the following 48-hour period of time.
[Ord. G-34-79, passed 11-13-79]
EMISSIONS INTO THE AIR
'93.20 EMISSION OF SMOKE, GASES, OR ASHES WITHIN CITY LIMITS
(A) The emission of dense smoke within the City limits from any chimney or smokestack of any building, derrick, pile driver, locomotive, or any other machine or contrivance, or from any tar kettle, kiln, or open fire and the emission of foul, noxious gases or fumes, or ash, dust, soot, or cinders into the open air in such quantities as to cause injury or annoyance to the public or to have a natural tendency to do so, are declared to be public nuisances.
(B) No person shall cause or permit the emission of smoke within the City from the chimney or smokestack of any building, derrick, pile driver, or any other machine or contrivance, or from any tar kettle, kiln, or open fire of a density greater than No. 2 smoke as shown by the Ringelmann's Scale:
(1) This section shall not apply to private residences or farms.
(2) This section shall not apply when smoke is entitled for periods aggregating not more than six minutes in any one hour, when a new fire is being built, the fire grates or fire pots are being cleaned, or the smoke is due to a breakdown of equipment so as to make emission of smoke not reasonably preventable.
(C) No person shall cause or permit the emission or escape of any foul or noxious gases or fumes, ash, dust, soot, or cinders into the open air in such quantities as to cause injury or annoyance to the public, damage to any property, or to have a natural tendency to do so.
[Ord. 690, passed 9-11-61; Ord. G-20-65, passed 1-11-66; Ord. G-94-8, passed 10-25-94]
'93.21 METHOD OF GRADING DENSITY OF EMISSIONS
The Ringelmann's Scale for grading the density of smoke, published by the Bureau of Mines of the United States Department of the Interior, is adopted as the standard and scale for determining the density of smoke.
[Ord. 690, passed 9-11-61; Ord. G-20-65, passed 1-11-66]
'93.22 EMISSIONS FROM LOCOMOTIVES OR VEHICLES
No person shall cause or permit the emission of any smoke within the City from any locomotive or other vehicle, whether standing or in motion, of a density greater than No. 2 smoke as shown by the Ringelmann's Scale for more than one minute in any 15-minute period; however, this Section shall not apply when a new fire is being built, or the fire grates or fire pots are being cleaned, or the smoke is due to breakdown of equipment so as to make emission of smoke not reasonably preventable.
[Ord. 690, passed 9-11-61; Ord. G-20-65, passed 1-11-66]
'93.23 FURNACE EMISSIONS
It is unlawful to permit any furnace fired by over-feed, spreader stokers, pulverized coalburners, or any similar devices to release heat in excess of 30,000 British thermal units per cubic foot per hour; however, this section shall not apply when the furnace is equipped with an improved fly-ash collector and releases of heat do not exceed 60,000 British thermal units per cubic foot per hour.
[Ord. 690, passed 9-11-61; Ord. G-20-65, passed 1-11-66]
JUNK CARS
'93.30 DEFINITIONS
For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Junk Car. Any motor vehicle which:
(1) Does not bear a currently valid and legal license plate;
(2) Is not in a garage or other building;
(3) Does not have attached thereto a current and valid Indiana State Inspection sticker; and
(4) Does not have the appearance of or contain all of the parts and accessories of the same make and model automobile when manufactured and assembled by the manufacturer. Any one or all of the above criteria may be used in making a determination that an automobile is a junk car.
[Ord. G-13-79, passed 7-10-79]
'93.31 DECLARED TO BE PUBLIC NUISANCE
Because of the danger to health from vermin, rodents, and insects and to the safety of children attracted by junk cars, junk cars are declared to be nuisances except if located in lawfully operated junk yards, or yards lawfully operated for vehicles awaiting permission for junking from the Bureau of Motor Vehicles.
[Ord. G-13-79, passed 7-10-79]
'93.32 AUTHORITY OF POLICE DEPARTMENT TO ORDER REMOVAL
Any member of the Police Department may order a junk car removed from any premises in the City, within five days after service and posting as provided in '93.33.
[Ord. G-13-79, passed 7-10-79]
'93.33 NOTICE TO OWNER
(A) The order to remove the junk car shall be placed upon the junk car, and copies shall be served upon any adult occupying the real estate on which the junk car is located and upon the owner of the junk car, if known.
(B) If no occupant of the real estate or owner of the junk car can be found, a copy of the order affixed to any building on the real estate shall constitute notice to the owner and occupant of the real estate, and to the owner of the junk car.
(C) If there is no building on the real estate, the order may be affixed elsewhere on the real estate.
[Ord. G-13-79, passed 7-10-79]
'93.34 DISPOSAL OF JUNK CARS
If the junk car is not removed within the time provided in '93.32, the Police Department may cause the motor vehicle to be removed at the expense of the owner of the real estate, the expense to constitute a lien on the real estate; or the Police Department may cause the junk car to be removed and to be disposed of in the same manner as now provided by State law for the removal and disposal of abandoned vehicles.
[Ord. G-13-79, passed 7-10-79]
NOISE CONTROL
'93.40 SCOPE
This Chapter shall apply to the control of all noise within the City limits, as they exist now or may hereafter be established.
[Ord. G-96-11, passed 10-22-96]
'93.41 DEFINITIONS
For the purposes of this Chapter, the following definitions apply unless the context clearly indicates or requires a different meaning:
(A) Motor Vehicle. Any vehicle powered by a mechanical engine, and designed to be driven or used on any public or private property. Such definition shall include, but not be limited to: automobiles, vans, trucks, motorcycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, minibikes, and trail bikes.
(B) Person. Any individual, association, partnership, or corporation which includes any officer, employee, department, agency, or instrumentality.
[Ord. G-96-11, passed 10-22-96]
'93.43 ENUMERATION OF CERTAIN PROHIBITED ACTS
The following acts, uses or noises, among others, subject to specific exemptions, are declared to be loud, raucous or disturbing noises in violation of this Chapter. Such enumeration shall not be deemed to be exclusive:
(A) Using, operating or permitting to be played, used or operated any machine or device for the producing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or property in which such machine or device is operated and who is a voluntary listener.
(B) Using, operating, or permitting the use or operation of any machine, instrument or device capable of producing or reproducing of sound which is cast upon other properties including the public right-of-way for the purposes of commercial advertising or to attract attention to any activity, performance, sale, place or structure.
(C) Using, operating or permitting the use or operation of any machine, instrument or device capable of producing or reproducing any sound on any public transportation vehicle.
(D) Using, operating or permitting to be played, used or operated any machine or device for the producing or reproducing of sound on any public right-of-way adjacent to any school, institution of higher learning, church or court while the same are in use, or adjacent to any hospital which unreasonably interferes with the working of such institution, or which unduly disturbs the patients in the hospital.
[Ord. G-96-11, passed 10-22-96]
'93.44 PROHIBITED NOISE
No person shall play, use, operate or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, if it is located in or on any of the following:
(A) Any public property, including any public right-of-way, highway, building, sidewalk, park or thoroughfare, if the sound generated is audible at a distance of 30 feet from its source;
(B) Any motor vehicle on a public right-of-way, highway, or public space if the sound generated is audible at a distance of 30 feet from the device producing the sound.
[Ord. G-96-11, passed 10-22-96]
'93.45 CERTAIN ACTS CONSTITUTE PUBLIC NUISANCE
The following acts are declared to be a public nuisance, but the enumeration of the particular offenses hereinafter particularly defined shall not be construed as limiting the generality of this Chapter, or limiting the offense hereunder to the particular offense hereinafter enumerated:
(A) The continuous or repeated sounding of any horn or signal device of a motor vehicle when not used as a danger signal. Continuous shall be defined to include unnecessary or unreasonable periods of time.
(B) The use of any motor vehicle with appurtenances attached thereto so as to create loud or unnecessary grating, grinding, rattling or other noise.
(C) The use of any motor vehicle with or without the attachment of various appurtenances thereto so as to create loud or unnecessary grating, grinding, rattling, or other noise or noises. This shall include the use of any vehicle said use of which causes excessive noise as a result of a defective or modified exhaust system, or as a result of unnecessary rapid acceleration, decelerations, revving the engine, or tire squeal.
[Ord. G-96-11, passed 10-22-96]
'93.46 EXEMPTIONS
Exemptions shall not be permitted within any AQuiet Zone@ duly established by the City Council or Board of Works when such zone is designed by appropriate signage. The following shall be exempted from the provisions of this Chapter:
(A) Sound emitted from sirens of authorized emergency vehicles.
(B) Farm tractors, garden tractors, and similar home power tools when properly muffled, between the hours of 8:00 a.m. and 8:00 p.m.
(C) Burglar alarms or other warning devices when properly installed on publicly or privately owned property, providing the cause for such alarm warning device sound is investigated and turned off within a reasonable period of time.
(D) Otherwise lawful celebrations on Halloween and legal holidays.
(E) Permitted parades or public festivals, between the hours of 8:00 a.m. and 12:00 midnight, Sunday through Thursday; and between 8:00 a.m. and 1:00 a.m., Friday through Saturday.
(F) Attendant noise connected with the actual performance of athletic or sporting events and practices related to them.
(G) The emission of sound for the purpose of alerting persons to the existence of an emergency, or for the performance of emergency work.
(H) Sounds associated with normal conduction of a legally established non-transient business when such sounds are customary, incidental and within the normal range appropriate for such use.
(I) In the case of motor vehicles, where the noise is the result of a defective or modified exhaust system, if the cause is repaired or otherwise remedied within seven (7) calendar days.
[Ord. G-96-11, passed 10-22-96]
FIREWORKS
§93.50 SCOPE
This chapter shall regulate the use, ignition or discharge of fireworks within the City of New Haven.
§93.51 DEFINITIONS
(A) CONSUMER FIREWORK. A small firework that is designated primarily to produce visible or audible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR 1507. The term also includes some small devices designated to produce an audible effect, such as whistling devices, ground devices containing fifty (50) milligrams or less of explosive composition, and aerial devices containing one hundred thirty (130) milligrams or less of explosive composition. Propelling and expelling charges consisting of a mixture of charcoal sulfur, and potassium nitrate are not considered to be designed to produce an audible effect. Consumer Fireworks include:
(1) aerial devices, which include, but are not limited to, sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines and shells;
(2) ground audible devices, which include, but are not limited to, firecrackers, salutes, and chasers; and,
(3) firework devices containing combinations of the effects described in numbers 1 and 2.
(4) Consumer Fireworks do not include the following fireworks as referenced in Indiana Code §22-11-14-8(a):
a) Dipped sticks or wire sparklers. However, the total pyrotechnic composition may not exceed One hundred (100) grams per item: and, devices containing chlorate or perchlorate salts may not exceed five (5) grams per item,
b) Cylindrical fountains,
c) Cone fountains,
d) Illuminating torches,
e) Wheels,
f) Ground spinners,
g) Flitter sparklers,
h) Snakes or glow worms,
i) Smoke devices,
j) Trick noisemakers that include party poppers, booby traps, snappers trick matches, cigarette loads and auto burglar alarms.
(B) FIREWORK. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of both common fireworks and special fireworks, including Consumer Fireworks. The following items are excluded from the definition of fireworks:
(1) Model rockets.
(2) Toy pistol caps.
(3) Emergency signal flares.
(4) Matches.
(5) Fixed ammunition for firearms.
(6) Ammunition components intended for use in firearms, muzzle loading cannon, or small arms.
(7) Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms.
(8) Indoor pyrotechnics special effects material.
(9) M-80s, cherry bombs, silver salutes, and any device banned by the federal government.
§93.52 CONSUMER FIREWORKS
(A) No person within the City of New Haven may use, ignite or discharge or permit to be used, ignited or discharged any type of Consumer Fireworks on any other day or time other than the following:
(1) June 29, June 30, July 1, July 2, July 3, July 5, July 7, July 8, July 9, between the hours of 5:00 p.m. to two hours after sunset;
(2) Day before Memorial Day, Memorial Day, July 4, day before Labor Day, and Labor Day between the hours of 10:00 a.m. and 12:00 midnight; and
(3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(B) No person may use, ignite or discharge or permit to be used, ignited or discharged any Consumer Fireworks within the City of New Haven in or on any:
(1) park
(2) playground
(3) school property
(4) Church property; or
(5) parking lot
without the express written consent of the owner.
(C) No person may use, ignite or discharge or permit to be used, ignited or discharged any Consumer Fireworks within the City of New Haven upon any public street, alley or sidewalk, without the prior consent of the New Haven Board of Works.
§93.53 FIREWORKS
No person within the City of New Haven may use, ignite or discharge or permit to be used, ignited or discharged, any Fireworks other than Consumer Fireworks except in accordance with Indiana Code §22-11-14-2.
§93.54 POSTING OF SIGN
(A) Any person, firm or organization selling, or in any fashion distributing, Consumer Fireworks within the City of New Haven shall, during all hours of operation, post a conspicuous
sign, at least 8-1/2 inches by 11 inches in size, printed in English, with characters of not less than 24 points in size, in substantial conformity with the following:
NOTICE
Municipal Code Sections 93.50 and 93.54 limit the use, ignition or discharge of Consumer Fireworks in the City of New Haven to the following dates and times:
(1) June 29, June 30, July 1, July 2, July 3, July 5, July 7, July 8, July 9, between the hours of 5:00 p.m. to two hours after sunset;
(2) Day before Memorial Day, Memorial Day, July 4, day before Labor Day, and Labor Day between the hours of 10:00 a.m. and 12:00 midnight; and
(3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on
January 1.
Fireworks may not be used, ignited or discharged upon any public street, alley or sidewalk, without the prior consent of the New Haven Board of Works, and may not be used, ignited or discharged in any park, playground, school property or church property without the express written consent of the owner.
Violation may result in a fine not to exceed $500 for each separate offense.
(B) The Chief of the New Haven-Adams Township Fire Department may designate and distribute the form of sign required by subsection (A), above.
§ 93.60 Engaging in Games or Sports in Public Streets
(A) For purposes of this section:
1) Recreational Equipment" shall mean any portable or non-portable equipment
used for sports, exercise, or recreation, including but not limited to the
following: basketball hoops, hockey nets, volleyball nets, trampolines, slides,
and swings. "Recreational Equipment" shall not mean personal transportation
equipment.
2) "Street" shall mean any public street, cul-de-sac, alley or sidewalk, including
the entire width of the right-of-way in which they are located.
(B) It shall be unlawful for an owner or person in possession of Recreational
Equipment, to allow or suffer the same to be located in a Street within the City
New Haven.
(C) No Recreational Equipment shall be placed ill any Street.
(D) Any Recreational Equipment located in a Public Street constitutes a public
nuisance. Any law enforcement or code enforcement officer may abate the
nuisance caused from the presence of the Recreational Equipment in the Street by
causing the same to be impounded by the City, or by a private impound facility
under contract with the City.
(E) It shall be unlawful for any person or group of persons to engage in any games,
sports or contests in any Street within the City of New Haven.
(F) Any ordinance or provision of any ordinance of the City of New Haven or of the
Municipal Code of the City of New Haven in conflict with provisions of this
ordinance is hereby repealed; and
(G) The invalidity of any section, clause, sentence or provision of this ordinance shall
not affect the validity of any other part of this ordinance which can be given effect
without such invalid part or parts; and
Section 93.99(C) is amended as follows:
(C) Any person, firm, or corporation violating § 93.15 or § 93.60 shall, upon
conviction or judgment, be subject to a fine of not less than $50 and no more than
$500 for each violation, which fine shall be owing in addition to such reasonable
removal, storage and disposal charges as may be incurred by the City, or its
contractor, in abating the nuisance.
PENALTIES
§93.99 PENALTIES
(A) Violation of §93.01 shall result in a fine not to exceed $1,500 per day. Each day on which sewage sludge is possessed within the City limits shall constitute a separate violation.
(B) In addition to any other penalty provided for, any person who violated §93.05 shall be fined not more than $100 for each violation. Each day during which the weeds or other rank vegetation are permitted to grow upon a separate platted City lot, or upon a single piece of contiguous real estate if not platted, shall constitute a separate offense.
(C) Any person, firm, or corporation violating §93.15 shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 for each violation.
(D) Any person convicted of violating §§93.20 through 93.23 shall be fined in any sum not exceeding $300. Each and every day these sections are violated constitutes a separate offense.
(E) If any order to remove a junk car as provided in §§93.20 through 93.34 has been served and is not obeyed within the time stated, the owner of the junk car and the occupant and owner of the real estate upon which it is located shall each be guilty of a violation and upon conviction shall be subject to a fine in a sum not exceeding $75. Each day the junk car is permitted to remain on the real estate after the time fixed in the order to remove the car, shall constitute a separate offense and shall be punishable by an additional fine of $5 for each day.
(F) Whoever violates any provisions of §§93.40 through 93.54 upon conviction thereof, shall be fined not less than $150 nor more than $500 for each offense. Each day any violation shall continue shall constitute a separate offense.
(G) The penalties provided by this Section shall be owing to the City of New Haven in addition to any damages, costs or attorney fees which may be found owing to the City of New Haven or any other person in any civil litigation related to any nuisance described in this Chapter.
This Ordinance shall be in full force and effect from and after its passage and any approvals or publications as may be required by law.
