STATE
OF
ORDINANCE NUMBER _2006-07__
AN
ORDINANCE REGULATING THE OPERATION, STORAGE AND USE OF PERSONAL PROPERTY DEEMED
TO BE A PUBLIC NUISANCE WITHIN THE TOWN OF
BE IT ORDAINED, by the Mayor and Town
Council of the Town of
SECTION
For purposes of this ordinance the following definitions shall be deemed applicable:
TOWN:
The Town of
PUBLIC NUISANCE: Any nuisance which damages all persons who come within the sphere of its operation, though it may vary in its effect on such individuals.
ABATEMENT OF PUBLIC NUISANCE: Commencement of an action in the name of the Town of Cedar Bluff to abate or enjoin any public nuisance injurious to the health, morals, comfort or welfare of the community or any portion thereof.
JUNK: Any vehicle or vehicle parts, rubber tires, appliances, dilapidated furniture, machinery, equipment, building materials or other items which are either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition.
JUNKED OR OTHER VEHICLE: One that does not bear a current registration license plate, and is unable to move under its own power.
PRIVATE PROPERTY: Any and all property located within the Town of Cedar Bluff, Alabama which is not public property as defined by this ordinance and not zoned and/or licensed as a Junkyard or Junk Dealer as prescribed by the Business License Ordinance and Zoning Ordinances, as amended, of the Town of Cedar Bluff,
PUBLIC PROPERTY: Any and all property belonging to Federal, State, County or Town Governments as well as any entities created or authorized by the these entities.
SECTION
II: STATIONARY VIOLATIONS
(A) It shall be unlawful to retain on private property for more than thirty consecutive days any, appliances, dilapidated furniture, machinery, equipment, building materials or other items that are either in a wholly or partially rotten, mated, wrecked, junked, dismantled or in an inoperative condition.
(B) It shall be unlawful to retain on private property any junked or other vehicle that does no bear a current registration license plate and is unable to move on under its own power. (Not applicable to licensed Junk Dealers or Junkyards who are otherwise in compliance with all Town ordinances under which they may fall.)
SECTION III:
INDISCRIMINATE DUMPING OR DISCHARGING OF LITTER
TRASH, JUNK. SOLID WASTE, D1RT OR MUD
(A) It shall be unlawful for any person to discard or dump along any street, street median, or road on or off the right-of-way, any household or commercial solid waste, trash or junk on any private or public property unless disposed of in approved for public use for the deposit of said material, or in an area designated by the Alabama Department of Environmental Management as a permitted disposal site. Dirt or mud at construction sites shall be cleaned without delay from public property.
(B) The Police Chief, or his designated representative, is hereby authorized and empowered to notify the owner of any open or vacant private property within the Town, or the agent of such owner, to properly dispose of litter, trash, or junk within fifteen (15) days of receipt of said notice. Failure to take the necessary corrective action outlined in such notice shall constitute a violation of this ordinance, Said owner or agent thereof shall be subject to the penalties as prescribed below.
SECTION IV:
AUTHORITY TO ABATE
The statutory authority to abate and enjoin public nuisance, as used in this Ordinance, is derived from Section 6-5-1, Code of Alabama, 1975 which states:
“All Municipalities in the State of
SECTION V: PENATIES
FOR VIOLATION
Any person found in guilty of violating any provisions of this ordinance may be punished by a fine not more than five hundred dollars ($500.00) and/or by imprisonment in the Cherokee County Jail for a period not to exceed six (6) months, at the discretion of the judge trying the case.
Any person found to be in violation of this ordinance shall be notified by Certified Mail or personal delivery and shall have fifteen (15) days from the date of notice in which to remedy the violation. Each day such violation is committed or permitted to continue after the expiration of the above mentioned fifteen (15) day period shall constitute a separate offense and shall be punishable as such thereunder.
SECTION VI: SEVERABILITY
If any part, portion, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect not withstanding such holding.
SECTION VII:
EFFECFIVE DATE
This ordinance shall become effective upon
approval of the Mayor and Town Council of the Town of
PASSED AND ADOPTED THIS _8_ DAY OF _May_, 2006.
____MARTHA BAKER_______________
MAYOR
(S.E.A.L)
ATTEST:
DeLANA MARTIN_________
TOWN CLERK