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ORDINANCE NO. 2015 -16 AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE CITY OF CODY CODE: NUISANCE ABATEMENT BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: Title 4, Chapter 3, Section 2 of the City of Cody Code shall be amended as follows: Section 4-3-2: NUISANCE CONDITIONS DEFINED Each of the following conditions described shall constitute a public nuisance. The various nuisances described and enumerated in this section shall not be deemed to be exclusive, but shall be in addition to all other nuisances described and prohibited by this code. A. Vegetation - Maximum Height Permitte d: Any weeds, grass, or plants growing to a height exceeding twelve inches anywhere in the city, including platted lots (whether developed or undeveloped), easements and rights of ways . Weeds shall not be placed in streets, alleys, gutters, city rights of way, public property or property belonging to another. Weeds shall be placed in City garbage containers, or taken to an appropriate and lawful disposal site. The following shall be exempt from the height regulation in this chapter: planted trees ; bushes ; flowers; planted material growing in gardens or planting beds , including fruit or vegetable gardens, standing crops (i ncluding grass or hay grown for grazing pasture for livestock or intended to be cut and baled for livestock feed); naturally occurring plant life in any area in the city that is both undeveloped and un-platted; and “native areas” and the natur al vegetation contained therein . “Native areas” are those areas of natural groundcover of one -half acre or larger, under single ownership, provided, however, that there shall be a 20-foot fire break where the parcel adjoins developed property , and where the parcel adjoins any public right-of-way , street, alley or highway . The area within the fire break shall be maintained according to the same maximum height for vegetation as described in this subsection “Native areas” shall not include any areas or properties, regardless of size, with any buildings, structures, sheds, barns, shelters, mobile-homes, garages, fences, signs , gardens, crops or any other man- made improvements of any kind. B. Derelict, Junked, etc. Vehicles: Unlicensed, derelict, or junk vehicles and parts or remains there of parked upon private property, public property, public streets, alleys, easements, rights of ways or other ways are declared to be nuisances. The presence of an unlicensed vehicle, wrecked, dismantled, derelict or inoperative vehicle, on private or public property, is declared to constitute a public nuisance that may be abated as such in accordance with the provision s of this chapter. The tearing down, stripping or junking of such vehicles shall be permitted only where and when such use is specifically authorized, permitted or licensed under other ordinances of the city and in strict accordance therewith; or which us e is conducted entirely within the confines of an accessor y g arage building, then only provided that such vehicle is the property of the owner or occupier of the lot and that such use is not a commercial use of the property, unless such use is authorized by other ordinances of the city. ---PAGE BREAK--- 1. Derelict Vehicles: A vehicle, or parts thereof, shall be deemed to be “derelict” if the vehicle is: a. Partially or wholly dismantled; b. In a condition that prevents legal operation; c. Junked or intended to be recycled or scrapped; or 2. For purposes of this chapter, “vehicles” shall include vehicles, motor vehicles, multipurpose vehicles , trailers and snowmobiles as defined in either W.S. 31-1-101 or W.S. 31-5-102; and watercraft as defined in W.S. 41-13-101. 3. The section defining and prohibiting derelict vehicles shall not apply to the following: a. Vehicles that are enclosed within a secure building; b. Vehicles that are kept and confined within a lot , and the area within which the vehicles are kept is fenced on all sides , and the fence is a lawful six foot fence or wall which complies with City ordinances, and which p rovides a solid visual screen ; and the vehicles are maintained and stored in an orderly manner which does not create fire hazard, does not otherwise create a risk to the health and safety of the public, and does not devalue or detract from the use or enjoyment of property in the immediate vicinity; c. A vehicle maintained in a lawful place and manner by a governmental agency; d. An antique motor vehicle as defined in W.S. 31-1-101; e. A vehicle which is covered by an intact car cover which is securely attached to the vehicle and which covers the entire vehicle, with the exception of the wheels. Each vehicle shall have its own cover. In areas zoned as residential (AA, A, B and C zones), residents shall not have more than two covered vehicles. f. A race car that is currently actively engaged in racing and equipped for racing with roll cage, windows removed, drivers name, sponsors and number displayed. Demolition race cars shall be considered derelict vehicles two weeks after the demolition race in which they were used. g. An automobile repair shop may only have derelict vehicles on the premises for the time necessary under agreement for repair with business customers. C. Junk: Any iron, glass, weeds, metal, lumber, stumps, grass, trash, hedge trimmings, cut tree branches, paper, cloth, construction debris , refrigerator , freezer, electronic equipment or appliance which is not being utilized for its intended use, or other waste or discarded material of any nature or substance whatsoever or any scrap or salvage materials which are left or permitted to remain for a period of time in excess of thirty days upon any real property within the city or any city property within or without the corporate limits of the city or upon or within the entire width between the boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel, public utilities and rights of way shall constitute a nuisance. Businesses operating in the commercial D-2 or D-3 zones may keep junk so long as such junk is reasonably intended for use within the scope of the business operated on the subject lot or property, and so long as it is kept, maintained, secured and stored in an orderly manner. Industrial E zone may keep junk so long as the business has received approval for its site plan from the Planning and Zoning Commission, and the junk is kept, maintained, secured and stored in an orderly manner. ---PAGE BREAK--- 1. For purposes of this section, “junk” shall not include new or unused building materials, or building materials are in adequate and reasonable condition to allow them to be used, and so long as such building materials are kept, maintained, secured and stored in an orderly manner. D. Foul, Offensive or Harmful Conditions: Any cellar, vault, private drain, pool, privy, sewer , grease trap , or any other condition on a property or lot, including but not limited to uncontrolled dust, which endangers public health and safety, creates an unreasonable fire hazard, or causes hurt, harm, damage or injury to any one or more individuals, or to others property in the city or those immediate ly adjacent to the city shall constitute a nuisance. This Ordinance shall become effective at the final passage and publication in the Cody Enterprise as required by law. PASSED ON FIRST READING: December 15, 2015 PASSED ON SECOND READING: January 5, 2016 PASSED ON THIRD READING: January 19, 2016 Nancy Tia Brown, Mayor ATTEST: Baker, Administrative Services Director