CHAPTER 92:
NUISANCES
Section
92.01 Definitions
92.02 Common law and statutory nuisances
92.03 Certain conditions declared a nuisance
92.04 Abatement procedure
92.05 Nuisance created by others
92.06 Suspension of license
92.99 Penalty
§ 92.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AUTOMOBILE PARTS." Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
"INOPERATIVE CONDITION." Unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.
"MOTOR VEHICLE." Any style or type of motor driven vehicle used for the conveyance of persons or property.
"NUISANCE." Public nuisance.
"SCRAP METAL." Pieces or parts of steel, iron, tin zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its originally intended purpose.
"UNFIT FOR FURTHER USE." In a dangerous condition; having defective or missing parts; or in such a condition generally as to be unfit for further use as a conveyance.
§ 92.02 COMMON LAW AND STATUTORY NUISANCES.
In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and statutes of Kentucky as public nuisances may be treated as such and be proceeded against as in provided in this chapter or in accordance with any other provision of law. Penalty, see 92.99
§ 92.03 CERTAIN CONDITIONS DECLARED A NUISANCE.
It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance to develop thereon. The following conditions are declared to be public nuisances:
(A) Dangerous trees or stacks adjoining street. Any tree, stack, or other object standing in such condition that it will, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(B) Accumulation of rubbish. The accumulation of rubbish, junk, debris, or garbage so as to cause an unsightly or unsanitary condition. A condition will be construed to be unsightly or unsanitary if a reasonable person would upon examination of it believe that it is unsightly or unsanitary. (Ord. 84-6, passed 11-6-85)
(C) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.
(D) Uncut lawns. The failure to mow any real estate for a period in excess of 30 days. However, no person shall be found to be in violation of this subsection unless the vegetation on the lawn (excepting flowers, shrubs, trees, and vines) has grown to a height in excess of six inches.
(E) Weeds. The existence of thistles, burdock, jimson weeds, ragweeds, milkweeds, poison ivy, poison oak, iron weeds, and all other noxious weeds and rank vegetation in excess of a height of 12 inches.
(F) For Property with an agricultural zoning classification, the provisions of Subsections (D) and (E) above shall only apply to that portion of such property that is within fifty (50) feet of the property line of any adjoining tract of property that is within the city’s boundaries.
(G) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.
(H) Trees and shrubbery obstructing streets and sidewalks. The growing and maintenance of trees with less than 14 feet clearance over streets or less than eight feet over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of any other street. No shrub shall be planted between the curb line of any street within a radius of 20 feet from the curb line of any street intersects with the curb line of another street.
(I) Keeping of animals. The failure to keep an animal's pen, yard, lot, or other enclosure in a sanitary condition and free from preventable offensive odors.
(J) Junk; scrap metal; motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, or scrap metal within the city limits except on premises authorized by the city for such purposes. Penalty, see 92.99
§ 92.04 ABATEMENT PROCEDURE.
(A) Any city employee is authorized to inspect property within the city. Whenever the city finds any of the conditions in § 92.03 to exist, the city may order them to be removed or remedied in accordance with the procedure described in divisions (B) and (C) of this section. The failure to implement the nuisance abatement procedure herein shall not preclude the city from seeking enforcement of any provision herein directly in Henry District Court.
(B) Whenever a nuisance situation is discovered, the city shall give five days' written notice to remedy the nuisance situation. The notice shall be mailed to the last known address of the owner of property, as it appears on the current tax assessment roll. Upon the failure of the owner of the property to comply, the city is authorized to send city employees upon the property to remedy the situation or to contract with others for that purpose.
(C) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the nuisance situation. The affidavit of the City Clerk shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 381.770 and this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons
from the time of its recording and shall bear interest at 6% annum thereafter until paid. (KRS 381.770) (Ord. 84-6, passed 11-6-85) (Ord. 10-07 amended 10/4/2010)
§ 92.05 NUISANCE CREATED BY OTHERS.
For the purposes of this chapter, it shall not be essential that the nuisance be created or contributed to by the owner, occupant, or person having control or management of the premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests, or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware of.
§ 92.06 SUSPENSION OF LICENSE.
(A) Whenever it is brought to the attention of the City Commission that a nuisance exists and the City Commission deems that there is an immediate threat to the public health, safety, or welfare, the City Commission may by majority vote suspend the license of any person conducting business upon the premises where the nuisance exists.
(B) The City Clerk-Treasurer/Tax Collector shall cause notice of the suspension to be served personally upon the licensee or at the premises where the nuisance exists.
(C) Upon application of the licensee, the City Commission may remove the suspension upon such terms as it may direct.
§ 92.07 DISCHARGE OF FIREARMS.
It shall be unlawful for any person to discharge a firearm within the City Limits. Firearm shall mean any weapon which will expel a projectile by the action of an explosive. This provision shall not apply to peace officers, while acting in lawful
performance of their duties. Passed by the City Commission of the City of New Castle, Kentucky on this the 3 day of July, 1989.
§ 92.08 POSSESSION PROHIBITED.
No person shall knowingly deposit, possess or carry, whether openly or concealed, for purposes other than city-sanctioned ceremonial purposes, or the purposes permitted herein below, any firearm in or upon any building, grounds, recreational area or athletic field owned by the City of New Castle.
§ 92.09 DEFINITION.
“Firearm” shall mean any weapon which will expel a projectile by the action of an explosive.
§ 92.10 EXPECTATION.
The provisions of § 92.08 and 92.09 shall not apply to:
A) The possession of a firearm, if it is contained within a vehicle and is
not removed from the vehicle, except for a purpose otherwise
permitted herein, or brandished about, while the vehicle is on city
property;
B) Any peace officer or police officer authorized to carry a weapon
pursuant to KRS 527.020;
C) Persons employed by the Armed Forces of the United States or
members of the National Guard or militia when required in the
discharge of their official duties to carry arms or weapons;
D) Civil officers of the United States in the official discharge of their
duties;
E) Exhibitors of historical displays who have been authorized by the city
F) A person hunting during the lawful hunting season on lands owned
by the City and open to hunting by the City or traversing City
property for the purposes of the gaining access to lands open to
hunting with the intent to hunt thereon. (Ord 96-11;116)
§ 92.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than $100 for each offense. Each day's continued violation shall constitute a separate offense.
92.01 Definitions
92.02 Common law and statutory nuisances
92.03 Certain conditions declared a nuisance
92.04 Abatement procedure
92.05 Nuisance created by others
92.06 Suspension of license
92.99 Penalty
§ 92.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AUTOMOBILE PARTS." Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
"INOPERATIVE CONDITION." Unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days.
"MOTOR VEHICLE." Any style or type of motor driven vehicle used for the conveyance of persons or property.
"NUISANCE." Public nuisance.
"SCRAP METAL." Pieces or parts of steel, iron, tin zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its originally intended purpose.
"UNFIT FOR FURTHER USE." In a dangerous condition; having defective or missing parts; or in such a condition generally as to be unfit for further use as a conveyance.
§ 92.02 COMMON LAW AND STATUTORY NUISANCES.
In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and statutes of Kentucky as public nuisances may be treated as such and be proceeded against as in provided in this chapter or in accordance with any other provision of law. Penalty, see 92.99
§ 92.03 CERTAIN CONDITIONS DECLARED A NUISANCE.
It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance to develop thereon. The following conditions are declared to be public nuisances:
(A) Dangerous trees or stacks adjoining street. Any tree, stack, or other object standing in such condition that it will, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(B) Accumulation of rubbish. The accumulation of rubbish, junk, debris, or garbage so as to cause an unsightly or unsanitary condition. A condition will be construed to be unsightly or unsanitary if a reasonable person would upon examination of it believe that it is unsightly or unsanitary. (Ord. 84-6, passed 11-6-85)
(C) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.
(D) Uncut lawns. The failure to mow any real estate for a period in excess of 30 days. However, no person shall be found to be in violation of this subsection unless the vegetation on the lawn (excepting flowers, shrubs, trees, and vines) has grown to a height in excess of six inches.
(E) Weeds. The existence of thistles, burdock, jimson weeds, ragweeds, milkweeds, poison ivy, poison oak, iron weeds, and all other noxious weeds and rank vegetation in excess of a height of 12 inches.
(F) For Property with an agricultural zoning classification, the provisions of Subsections (D) and (E) above shall only apply to that portion of such property that is within fifty (50) feet of the property line of any adjoining tract of property that is within the city’s boundaries.
(G) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.
(H) Trees and shrubbery obstructing streets and sidewalks. The growing and maintenance of trees with less than 14 feet clearance over streets or less than eight feet over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of any other street. No shrub shall be planted between the curb line of any street within a radius of 20 feet from the curb line of any street intersects with the curb line of another street.
(I) Keeping of animals. The failure to keep an animal's pen, yard, lot, or other enclosure in a sanitary condition and free from preventable offensive odors.
(J) Junk; scrap metal; motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, or scrap metal within the city limits except on premises authorized by the city for such purposes. Penalty, see 92.99
§ 92.04 ABATEMENT PROCEDURE.
(A) Any city employee is authorized to inspect property within the city. Whenever the city finds any of the conditions in § 92.03 to exist, the city may order them to be removed or remedied in accordance with the procedure described in divisions (B) and (C) of this section. The failure to implement the nuisance abatement procedure herein shall not preclude the city from seeking enforcement of any provision herein directly in Henry District Court.
(B) Whenever a nuisance situation is discovered, the city shall give five days' written notice to remedy the nuisance situation. The notice shall be mailed to the last known address of the owner of property, as it appears on the current tax assessment roll. Upon the failure of the owner of the property to comply, the city is authorized to send city employees upon the property to remedy the situation or to contract with others for that purpose.
(C) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the nuisance situation. The affidavit of the City Clerk shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to KRS 381.770 and this section, and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons
from the time of its recording and shall bear interest at 6% annum thereafter until paid. (KRS 381.770) (Ord. 84-6, passed 11-6-85) (Ord. 10-07 amended 10/4/2010)
§ 92.05 NUISANCE CREATED BY OTHERS.
For the purposes of this chapter, it shall not be essential that the nuisance be created or contributed to by the owner, occupant, or person having control or management of the premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests, or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware of.
§ 92.06 SUSPENSION OF LICENSE.
(A) Whenever it is brought to the attention of the City Commission that a nuisance exists and the City Commission deems that there is an immediate threat to the public health, safety, or welfare, the City Commission may by majority vote suspend the license of any person conducting business upon the premises where the nuisance exists.
(B) The City Clerk-Treasurer/Tax Collector shall cause notice of the suspension to be served personally upon the licensee or at the premises where the nuisance exists.
(C) Upon application of the licensee, the City Commission may remove the suspension upon such terms as it may direct.
§ 92.07 DISCHARGE OF FIREARMS.
It shall be unlawful for any person to discharge a firearm within the City Limits. Firearm shall mean any weapon which will expel a projectile by the action of an explosive. This provision shall not apply to peace officers, while acting in lawful
performance of their duties. Passed by the City Commission of the City of New Castle, Kentucky on this the 3 day of July, 1989.
§ 92.08 POSSESSION PROHIBITED.
No person shall knowingly deposit, possess or carry, whether openly or concealed, for purposes other than city-sanctioned ceremonial purposes, or the purposes permitted herein below, any firearm in or upon any building, grounds, recreational area or athletic field owned by the City of New Castle.
§ 92.09 DEFINITION.
“Firearm” shall mean any weapon which will expel a projectile by the action of an explosive.
§ 92.10 EXPECTATION.
The provisions of § 92.08 and 92.09 shall not apply to:
A) The possession of a firearm, if it is contained within a vehicle and is
not removed from the vehicle, except for a purpose otherwise
permitted herein, or brandished about, while the vehicle is on city
property;
B) Any peace officer or police officer authorized to carry a weapon
pursuant to KRS 527.020;
C) Persons employed by the Armed Forces of the United States or
members of the National Guard or militia when required in the
discharge of their official duties to carry arms or weapons;
D) Civil officers of the United States in the official discharge of their
duties;
E) Exhibitors of historical displays who have been authorized by the city
F) A person hunting during the lawful hunting season on lands owned
by the City and open to hunting by the City or traversing City
property for the purposes of the gaining access to lands open to
hunting with the intent to hunt thereon. (Ord 96-11;116)
§ 92.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than $100 for each offense. Each day's continued violation shall constitute a separate offense.
