9.08 Nuisances

9.08.010 Definitions

Unless the context requires otherwise, the following mean:

A. Person means a natural person, firm, partnership, association, or corporation, whether acting as an individual or as the clerk, servant, employee, or agent of another;

B. Person in Charge of Property means an agent, occupant, lessee, contract purchaser, or person, other than the owner, having possession or control of the property;

C. Public Place means a building, way, place, or accommodation, whether publicly or privately owned, open and available to the general public. 

(Ord. 1559 S1, 1968) 	

9.08.020 Dangerous Animals

No owner or person in charge of an animal shall permit an animal which is dangerous to the public health or safety to be exposed in public. 

(Ord. 1559 S2, 1968) 	

9.08.030 Animals at Large

No owner or person in charge of any of the following animals shall permit the animal to run at large;

A. A female dog in heat.

B. A male dog during the months of April, May, June and July.

C. Livestock or poultry. 

(Ord. 1559 S3, 1968) 	

9.08.040 Keeping of Animals

A. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three (3) dogs over the age of three (3) months on any one (1) parcel or tract of land. 

B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the provisions of section 18.20.020, keeping or maintaining swine commonly referred to as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to the following: 

1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh more than 95 pounds. 

2. No more than one such pig shall be kept at any one parcel or tract of land. 

3. Such pigs shall 
a. Be confined by fence, leash or obedience training to the property of the person keeping or maintaining them or to the property of another if such other person has given express permission; 

b. Be confined to a car or truck when off property where otherwise confined; or 

c. Be on leash not longer than six feet in length. 

4. Such pigs shall have access to an enclosed structure sufficient to protect them from wind, rain, snow or sun and which has adequate bedding to protect against cold and dampness. Confinement areas must be kept clean and free from waste or other contaminants. 

5. Notwithstanding any of the above, no such pig shall be allowed in any park. (Ord. 2721, 1993) 

C. No person shall keep or maintain poultry within seventy-five (75) feet of another dwelling. 

D. No person shall keep or maintain rabbits within one hundred (100) feet of another dwelling or within seventy-five (75) feet of a street or sidewalk. 

E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any kind or character wherein bees are hived, within one hundred fifty (150) feet of another dwelling or within one hundred fifty (150) feet of a street or sidewalk. 

F. No person shall keep or maintain a stable within one hundred (100) feet of another dwelling. 

G. Where the conditions imposed by subsections (B) to (F) of this section differ from those imposed by another ordinance, the provision which is more restrictive shall control. 

(Ord. 1559 S4, 1968) 	

9.08.050 Removal of Carcasses

No person shall permit an animal carcass under their ownership or control to remain upon public property, or to be exposed on private property, for a period of time longer than is reasonably necessary to remove or dispose of the carcass. 

(Ord. 1559 S5, 1968) 	

9.08.060 Nuisances Affecting the Public Health

No person shall cause, or permit on property under their ownership or control, a nuisance affecting public health. The following are nuisances affecting the public health and may be abated as provided in this chapter: (Ord. 2821 S1, 1998)

A. Privies. An open vault or privy constructed and maintained within the City, except those constructed or maintained in connection with construction projects in accordance with the Oregon State Board of Health regulations;

B. Debris. Accumulations of debris, rubbish, manure, and other refuse that are not removed within a reasonable time and that affect the health of the City;

C. Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests;

D. Water Pollution. Pollution of a body of water, well, spring, stream, or drainage ditch by sewage, industrial wastes, or other substances placed in or near the water in a manner that will cause harmful material to pollute the water;

E. Food. Decayed or unwholesome food which is offered for human consumption;

F. Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition;

G. Surface Drainage. Drainage of liquid wastes from private premises;

H. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor;

I. Slaughterhouses and Tanneries. A slaughterhouse or tannery.(Ord. 1559 S6, 1968).

J. Dust and Trackout. No person shall trackout mud, dirt, or other debris from private or public lands onto public roads without taking reasonable precautions to prevent mud, dirt, or debris from becoming airborne or washing off the site. These precautions shall include prompt removal of such material from the paved road surfaces and such other precautions including, but not necessarily limited to, the conditions listed below. The City may require the imposition of building permit conditions for the prevention of trackout. Conditions imposed may include, but are not limited to the following:

The posting of a bond sufficient to assure available funds for roadway cleanup by the City if the contractor or permittee is negligent in cleanup of adjacent public roadways.

1. Street sweeping, vacuuming or other means of removing trackout material from public roadways.

2. Installation of wheel washers at exits of major construction sites.

3. Use of temporary or permanent barricades to keep traffic off unpaved areas.

4. Require graveling of access roads on site.

5. Limit the use of public roadways by vehicles.

6. Issue stop work order if trackout occurs and is not promptly corrected. A violation of a stop work order shall be considered a violation of this section. A stopwork order issued pursuant to this section shall be posted at the work site and delivered personally or by certified mail to an alleged violator. 

7. For access to property, paving of the entry way or driveway for its entire length or a distance of 50 feet, whichever is shorter. 

(Ord. 2189 S1, 1982; Ord. 2821 S1, 1998)	

9.08.070 Abandoned Refrigerators

No person shall leave, in a place accessible to children, an abandoned or discarded icebox, refrigerator, or similar container without first removing the door, unless the same has a magnetic catch or similar catch which can easily be opened from the inside. 

(Ord. 1559 S7, 1968; Ord. 2272, 1983) 	

9.08.080 Attractive Nuisances

A. No owner or person in charge of property shall permit thereon:

1. Unguarded machinery, equipment, or other devices which are attractive, dangerous, and accessible to children.

2. Lumber, logs, or piling placed or stored in a manner so as to be attractive, dangerous, and accessible to children. (Ord. 1559 S8, 1968)

3. An open pit, quarry, cistern or other excavation which is substantially below the level of the adjacent street without safeguards or barriers to prevent such places from being used by children. (Ord. 2209 S1, 1982)

B. This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children.(Ord. 1559 S8, 1968)	

9.08.090 Snow and Ice - Removal

No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk shall permit:

A. Snow to remain on the sidewalk for a period longer than the first two (2) hours of daylight after the snow has fallen.

B. Ice to remain on the sidewalk for more than two (2) hours of daylight after the ice has formed unless the ice is covered with sand, ashes, or other suitable material to assure safe travel. 

(Ord. 1559 S9, 1968) 	

9.08.100 Noxious Growth

No owner or person in charge of property shall permit weeds or other noxious vegetation to grow upon such property. It shall be the duty of an owner or person in charge of the property to cut down or to destroy grass, shrubbery, brush, bushes, weeds, or other noxious vegetation as often as needed to prevent them from becoming unsightly, from becoming a fire hazard, or, in the case of weeds or other noxious vegetation, from maturing, or from going to seed. 

(Ord. 1559 S10, 1968) 	

9.08.110 Scattering Rubbish

No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse, or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property, or would be likely to injure a person, animal, or vehicle traveling upon a public way. 

(Ord. 1559 S11, 1968) 	

9.08.120 Trees - Hedges

A.  No owner or person in charge of property that abuts upon a street or public sidewalk shall permit trees, bushes, or hedges on such property to interfere with street or sidewalk traffic. In addition, it shall be the duty of such owner or person to remove, from any tree on such property, all branches that overhang the sidewalk or street to a height of not less than eight feet above the sidewalk and not less than twelve feet above the street. For purpose of the preceding sentence, the duty to remove branches extends to trees on any parking strip adjoining the street or sidewalk that abuts such property. 
B. No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property. 
C. No owner or person in charge of property shall place or maintain thereon, along a street or public sidewalk, a thorn-bearing hedge or a hedge in excess of four (4) feet in height. 

ORD 1559 added in 1968; 
Section 9.08.120.A amended by ORD 2764 in 08/15/1995 	

9.08.130 Parking Strips

It shall be the duty of the owner or person in charge of abutting property to grade the area between the sidewalk and the curb to the level of the sidewalk and curb and to maintain the area as a grass plot; provided, however, that the area may be used also for ornamental plants and shrubbery in a manner not in conflict with this chapter or any ordinances. 

(Ord. 1559 S13, 1968) 	

9.08.140 Fences

A. No owner or person in charge of property shall construct or maintain a barbed-wire fence thereon, or permit barbed wire to remain as part of a fence, along a sidewalk or public way, except such wire may be placed above the top of other fencing not less than six (6) feet, six (6) inches high.

B. No owner or person in charge of property shall construct, maintain, or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person. 

(Ord. 1559 S14, 1968) 	

9.08.150 Surface Waters - Drainage

A. No owner or person in charge of a building or structure shall suffer or permit rainwater, ice, or snow to fall from the building or structure on to a street or public sidewalk or to flow across the sidewalk.

B. The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about the building is not carried across or upon the sidewalk. 

(Ord. 1559 S15, 1968) 	

9.08.160 Radio and Television - Interference

A. No person shall operate or use an electrical, mechanical, or other device, apparatus, instrument, or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.

B. This section does not apply to devices licensed, approved, and operated under the rules and regulations of the Federal Communications Commission. 

(Ord. 1559 S16, 1968) 	

9.08.170 Unnecessary Noise

A. No person shall make, assist in making continue, or cause to be made any loud, disturbing, or unnecessary noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, safety, or peace of others.

B. The standard for judging loud, disturbing and unnecessary noises shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the noise is made and the noise is heard. Such noises which are in violation of this section include but are not limited to the following: (Ord. 2607 S1, 1990)

1. The keeping of any bird or animal which by causing frequent or long-continued noise disturbs the comfort and repose of any person in the vicinity;

2. The attaching of a bell to an animal or allowing a bell to remain on an animal;

3. The use of a vehicle or engine, either stationary or moving, so out of repair, loaded, or operated as to create any loud or unnecessary grating, grinding, rattling, or other noise;

4. The sounding of a horn or signaling device on a vehicle on a street, public place, or private place, except as a necessary warning of danger;

5. The blowing of a steam whistle attached to a stationary boiler, except to give notice of the time to begin or stop work, as a warning of danger, or upon request of proper City authorities;

6. The use of a mechanical device operated by compressed air, steam, or otherwise, unless the noise thereby created is effectively muffled;

7. The erection, including excavation, demolition, alteration, or repair of a building in residential districts, other than between the hours of seven (7:00) a.m. and six (6:00) p.m. weekdays, and on weekends and Holidays between the hours of eight (8:00) a.m. and six (6:00)p.m., except in case of urgent necessity in the interest of the public welfare and safety and then only with a permit granted by the City Administrator for a period not to exceed ten (10) days. The permit may be renewed for periods of five (5) days while the emergency continues to exist. If the Council determines that the public health, safety and welfare will not be impaired by the erection, demolition, alteration, or repair of a building between the hours of six (6:00) p.m. and seven (7:00) a.m., and if the Council further determines that loss or inconvenience would result to any person unless the work is permitted within these hours, the Council may grant permission for such work to be done within specified hours between six (6:00) p.m. and seven (7:00) a.m. upon application therefore being made at the time the permit for the work is awarded or during the progress of the work. (Ord. 2580, 1990)The actual owner of property may do work on property which is actually owner occupied between the hours of six (6:00) p.m. and ten (10:00) p.m. without obtaining a permit as herein required;

8. The use of a gong or siren upon a vehicle, other than police, fire, or other emergency vehicle;

9. The creation of excessive noise on a street adjacent to a school, institution of learning, church, or court of justice, while the same are in use, or on a street adjacent to a hospital, nursing home, or other institution for the care of the sick or infirm, which unreasonably interferes with the operation of such institution or disturbs or unduly annoys patients;

10. The discharge in the open air of exhaust of a steam engine, internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke;

11. The use or operation of an automatic or electric piano, phonograph, gramophone, Victrola, radio, television, loudspeaker, or any instrument for sound producing or any sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such a manner as renders the use thereof a nuisance. However, upon application to the City Administrator and a report from the Chief of Police, the City Administrator may grant permits to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches, or general entertainment as a part of a national, state or City event, public festivals, or special events of a noncommercial nature. If the City Administrator disapproves such a permit, the matter may be appealed to the City Council whose decision shall be final. The broadcast or amplification shall not be audible for a distance of more than one thousand (1,000) feet from the instrument, speaker, or amplifier, and in no event, shall a permit be granted where any obstruction to free and uninterrupted traffic, both vehicular and pedestrian, will result. (Ord. 2307, 1984)

12. The making of a noise by crying, calling, or shouting or by means of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument, or other device for the purpose of advertising goods, wares, or merchandise, attracting attention, or inviting patronage of a person to a business. However, newsboys may sell newspapers and magazines by public outcry;

13. The conducting, operating, or maintaining of a garage within one hundred (100) feet of a private residence, apartment, rooming house, or hotel in such manner as to cause loud or disturbing noises to be emitted therefrom between the hours of eleven (11:00) p.m. and seven (7:00) a.m. (Ord. 1559 S17, 1968)

C. Any source of noise which exceeds the following standards is considered a public nuisance:

1. Decibel Noise Standards
Allowable Statistical Noise Levels in any One Hour
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50--50 DBA L50--45 DBA
L10--55 DBA L10--50 DBA
L1--60 DBA L1--55 DBA
where:
L50 = noise level exceeded 50% of the time
L10 = noise level exceeded 10% of the time
L1 = noise level exceeded 1% of the time

2. Standards for measurement. Standards for measurement of noise sources shall be described in "Sound Measurement Procedures Manual," current revision, as adopted by the State Department of Environmental Quality.

3. Where measured. Measurement of a noise source shall be made from the closest residential structure in a residential zone.

4. Construction activities exempted. Noise from temporary construction activities is exempted from the noise performance standards from 7:00 a.m. to 9 p.m.

5. Variances. The Council may grant variance to the Decibel Noise Standards when it finds that strict compliance with the ordinance would cause an unusual and unreasonable hardship to a commercial or industrial use.

a. The Council shall notify all adjacent residential structures within 200 ft. of the proposed variance and shall hold the public hearing on the variance prior to making any decisions on the request for a variance.

b. The variance shall be the minimum necessary to alleviate the unreasonable hardship. 

(Ord 2215, 1982) 	

9.08.175 Heat Pumps or Mechanical Devices

No person shall cause or permit to exceed, on property under their ownership or control, the standards set forth in Section 15.04.185 of the Municipal Code. 

(Ord. 2153 S2. 1981) 	

9.08.180 Notices - Advertisements

A. No person shall affix or cause to be affixed a placard, bill, advertisement, or poster upon real or personal property, public or private, without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the City regulating the use and location of signs and advertising.

B. No person shall scatter, distribute, or cause to be scattered or distributed on public or private property any placards, advertisements, or other similar materials.

C. This section does not prohibit the distribution of advertising materials during a parade or approved public gathering. 

(Ord. 1559, S18, 1968) 	

9.08.190 Declaration of Nuisance - General Nuisance

A. The acts, conditions, or objects specifically enumerated and defined in Section 9.08.020 through Section 9.08.180 and in Section 13.16.065 are declared public nuisances and such acts, conditions, or objects may be abated by any of the procedures set forth in Section 9.08.200 through Section 9.08.230.

B. In addition to the nuisances specifically enumerated within this chapter, every other thing, substance, or act which is determined by the Council to be injurious or detrimental to the public health, safety, or welfare of the City is declared a nuisance and may be abated as provided in this chapter. 

(Ord. 1559 S19, 1968) 	

9.08.200 Abatement Notice

A. Upon determination by the Council that a nuisance as defined in this chapter or any ordinance of the City exists, the Council shall forthwith cause a notice to be posted on the premises where the nuisance exists, directing the owner or person in charge of the property to abate the nuisance.

B. At the time of posting, the City Recorder shall cause a copy of such notice to be forwarded by registered or certified mail, postage prepaid, to the owner or person in charge of the property at the last known address of the owner or other person.

C. The notice to abate shall contain:

1. A description of the real property, by street address or otherwise, on which the nuisance exists;

2. A direction to abate the nuisance within ten (10) days from the date of the notice;

3. A description of the nuisance;

4. A statement that, unless the nuisance is removed, the City may abate the nuisance and the cost of abatement shall be a lien against the property;

5. A statement that the owner or other person in charge of the property may protest the abatement by giving notice to the City Recorder within ten (10) days from the date of the notice.

D. Upon completion of the posting and mailing, the person posting and mailing the notice shall execute and file a certificate stating the date and place of the mailing and posting.

E. An error in the name or address of the owner or person in charge of the property or the use of a name other than that of the owner or other person shall not make the notice void and in such a case the posted notice shall be sufficient. 

(Ord. 1559 S20, 1968) 	

9.08.210 Abatement - By owner

A. Within ten (10) days after the posting and mailing of the notice as provided in Section 9.08.200, the owner or person in charge of the property shall remove the nuisance or show that no nuisance exists.

B. The owner or person in charge protesting that no nuisance exists shall file with the City Recorder a written statement which shall specify the basis for so protesting.

C. The statement shall be referred to the Council as a part of the Council's regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the owner or other person may appear and be heard by the Council, and the Council shall thereupon determine whether or not a nuisance in fact exists, and the determination shall be entered in the official minutes of the Council. Council determination shall be required only in those cases where a written statement has been filed as provided.

D. If the Council determines that a nuisance does in fact exist, the owner or other person shall within ten (10) days after the Council determination abate the nuisance. 

(Ord. 1559 S21, 1968) 	

9.08.220 Abatement - by City

A. If, within the time allowed, the nuisance has not been abated by the owner or person in charge of the property, the Council may cause the nuisance to be abated.

B. The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.

C. The City Recorder shall keep an accurate record of the expense incurred by the City in abating the nuisance and shall include therein a charge of twenty percent (20%) of the expense for administrative overhead. 

(Ord. 1559 S22, 1968) 	

9.08.230 Cost assessment

A. The City Recorder, by registered or certified mail, postage prepaid, shall forward to the owner or person in charge of the property a notice stating:

1. The total cost of abatement including the administrative overhead;

2. That the cost as indicated will be assessed to and become a lien against the property unless paid within thirty (30) days from the date of this notice;

3. That if the owner or person in charge of the property objects to the cost of the abatement as indicated, a notice of objection may be filed with the City Recorder not more than ten (10) days from the date of the notice.

B. Upon the expiration of ten (10) days after the date of the notice the Council, in the regular course of business, shall hear and determine the objections to the costs to be assessed.

C. If the costs of the abatement are not paid within thirty (30) days from the date of the notice, an assessment of the costs as stated or as determined by the Council shall be made by resolution and shall thereupon be entered in the docket of City liens, and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated.

D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of six percent (6%) per year. The interest shall commence to run from the date of entry of the lien in the lien docket.

E. An error in the name of the owner or person in charge of the property shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. 

(Ord. 1559 S23, 1968) 	

9.08.240 Summary Abatement

The procedure provided by this chapter is not exclusive but is in addition to procedures provided by other ordinances, and the health officer, the Fire Chief, or the Police Chief may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. 

(Ord. 1559 S24, 1968) 	

9.08.250 Penalties

Any person who violates any provision of this chapter shall be punished as set forth in Section 1.08.020 of the Ashland Municipal Code. 

(Ord. 1956, 1978) 	

9.08.260 Separate Violations

A. Each day's violation of a provision of this chapter constitutes a separate offense.

B. The abatement of a nuisance is not a penalty for violation of this chapter but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance. 

(Ord. 1559 S26, 1968) 	

9.08.270 Prohibiting the Sale of Coal

No person, firm or corporation shall sell, trade, deliver or give away coal within the City of Ashland. This shall apply to coal that is intended or suitable for use in stoves for heating and does not include charcoal. Violation of this Section is subject to the penalties set forth in section 9.08.250. 

(Ord 2059, 1980; Ord. 2139 S1, 1981)