Fulton Public nuisances ordinance (§ 46-32)

No person in charge or control of any property within the city, whether as owner, occupant, or otherwise, shall maintain, use, place, deposit, leave, or permit to be placed or, in some cases, to remain, on property within the city any of the following items, conditions, or actions, and the same are determined to be, and are hereby declared to be, public nuisances:

(1) Debris of any kind; weed cuttings; cut, fallen, or hazardous trees and shrubs; rubbish and trash; lumber not piled or stacked 12 inches off the ground; piles of rocks or bricks; tin, steel, parts of derelict cars or trucks; broken furniture; any flammable material which may endanger public safety; or any material or condition which is unhealthy or unsafe.

(2) Any accumulation of stagnant water or any land that is not graded and maintained so as to prevent the accumulation of stagnant water thereon or within any structure thereon.

(3) Any airtight enclosure which is accessible to children and which cannot be opened from the inside.

(4) Any sidewalk accessible to the public and/or steps which are not maintained in good repair, free of holes or protruding edges hazardous to pedestrian travel.

(5) Any sidewalk and/or steps accessible to the public containing accumulated mud, debris, garbage, or other items or substances upon the surface which may cause a pedestrian to lose footing.

(6) Any accumulation of snow and ice from sidewalks and/or steps accessible to the public not removed within 24 hours.

(7) Overgrown trees, shrubs, or other obstructions to pedestrian travel located on or near a sidewalk accessible to the public.

(8) Any electric fence or fence constructed wholly or partly of barbed wire that is maintained abutting and within three feet of any public street, alley, sidewalk, or public way, except in areas zoned agricultural (A-1).

(9) Growth of any vegetation harmful or irritating to the human touch, including poison ivy, poison oak, and poison sumac.

(10) Overgrown vegetation and noxious weeds (defined herein as all grasses, annual plants, and vegetation, other than trees, decorative shrubs, cultivated flowers, ornamental plants, or garden plants) which are eight inches or more in height, with the exception that this provision shall not apply to any lot or tract of land in excess of 60,000 square feet which is not being used for an

industrial, commercial, or residential purpose, so long as such lot shall have a border within which weeds shall be cut. The border shall be measured along its perimeter 25 feet deep from the public right-of-way and from any adjoining lot or tract of land used for an industrial, commercial, or residential purpose.

(11) The owner, tenant and their agent, of the property abutting the public right-of-way on which trees exist shall be responsible for the maintenance and removal of those trees under this chapter. Such trees shall be maintained in good condition so as to present a healthy and orderly appearance and shall be kept free from refuse and debris. Removal of any dead, diseased or dangerous trees, limbs which may endanger public safety is the responsibility of owner or agent of the property. The owner or agent of the abutting property shall keep the trees on or overhanging the street trimmed so that all branches will be at least 14 feet above the surface of the street and eight feet above the sidewalks.

Note, 14 feet is the minimum vertical clearance established by federal highway. Over sidewalks, Americans wih Disabilities Act standards require six feet eight inches minimum. The bottom of street signs are typically set at seven feet.

(12) All owners, tenants or their agent of property abutting any portion of the right-of-way shall cut and control the growth of grass, weeds, and vegetation within the right-of-way so that the height does not exceed eight inches.