Victorville Municipal Code Ch. 13.02 Nuisances

The intent of the city council in adopting this chapter and the purpose thereof is to protect the inhabitants of the city against all forms of nuisances, public and private, not specifically prohibited by the state law, growing out of any action, activity, condition, circumstances or situation permitted to exist within the city and caused or produced by any person, beast or fowl, reptile or insect, or by any mechanical or other contrivances, and which is injurious to health or detrimental to the public safety or is indecent or offensive to the senses, or an obstruction to the free use of property to such an extent as to interfere with the comfortable enjoyment of life or property by the entire community or neighborhood, or by any considerable number of persons.

(Ord. 356 § 1 (part), 1972)

This chapter shall apply to all the activities, circumstances, operations, situations and conditions enumerated in this chapter and includes all the structures, objects, things, materials or substances described or enumerated, and such structures, objects, things, materials and substances are nuisances when tolerated, used, kept or maintained or permitted to be tolerated, used, kept or maintained in the manner or under the conditions prohibited hereby or in any manner which creates or may be reasonably expected to create or produce a clear and present danger of injury or damage to persons or property.

(Ord. 356 § 1 (part), 1972)

In Sections 13.02.070 through 13.02.155, the following are expressly declared to be nuisances and except as hereinafter provided are prohibited in the city and any person maintaining or permitting the nuisances or any of them to be maintained or to exist on his premises, whether as owner, lessee or otherwise, is guilty of a misdemeanor.

(Ord. 2216 § 1 (part), 2007: Ord. 1962 § 1, 2002; Ord. 356 § 1 (part), 1972)

The keeping or harboring of any animal, bird or fowl which emits any sound or cry which disturbs or may reasonably be presumed or expected to disturb the peace, comfort or repose of the residents of the neighborhood in which the animal, bird or fowl is located or kept, is a nuisance.

(Ord. 356 § 1 (part), 1972)

The uttering through any loudspeaker, sound-making or sound-amplifying device, or otherwise, of any obscene, vulgar, profane or indecent language, or uttering language intending to or which would reasonably be expected to incite riot, destruction or damage to property or injury to any person, or intended to, or which would reasonably be expected to incite others to do any unlawful act or which utterances would reasonably be expected to create a condition which would result in a clear and present danger of commission of the unlawful acts contained therein, is a nuisance.

(Ord. 356 § 1 (part), 1972)

(Ord. No. 2303, § 1, 12-3-2013)

Keeping or maintaining snakes or other reptiles, or bees or other insects within the city limits, is a nuisance.

(Ord. 356 § 1 (part), 1972)

Keeping or maintaining canary, parakeet or other bird aviaries, containing in excess of ten birds within the city limits, is a nuisance.

(Ord. 356 § 1 (part), 1972)

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.110 which pertained to vehicles or parts thereof to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.115 which pertained to property maintenance to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.120 which pertained to refrigerator, cabinet accessibility to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

A nuisance is a thing, act, occupation or use of property which does any of the following:

(a) Annoys, injures or endangers the safety, health, comfort or repose of the public;

(b) Unlawfully interferes with, obstructs or tends to obstruct or render dangerous for passage a public park, square, street, alley or highway;

(c) In any way renders the public insecure in life or in use of property;

(d) In any way disturbs the surface of the soil creating blowing dust or sand. (Summary abatement may be used to enforce this subsection).

(Ord. 1192 § 1, 1988; Ord. 356 § 1 (part), 1972)

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.135 which pertained to businesses that operate in violating of state or federal law to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.140 which pertained to nuisances affecting health to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

Editor's note— Ord. No. 2376, § 3, adopted November 7, 2017, repealed § 13.02.145, which pertained to medical marijuana dispensaries and derived from Ord. No. 2246, § 1, 8-4-09.

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.150 which pertained to nuisances affecting health, safety and welfare to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

Any person who, in any public park, street, alley, highway, public meeting, assembly, or other public place, or in the immediate neighborhood thereof and in view from the same places, urinates or defecates, is guilty of a misdemeanor; provided, that this section shall not be applicable to the act of urinating or defecating in a proper receptacle in a restroom or bathroom in any enclosed structure.

(Ord. 1746 § 1, 1995)

A public nuisance, in addition to the matters declared by Sections 13.02.040 through 13.02.155, is anything that any statute of the state or any provision of this code or any other ordinance of the city is declared to be unlawful and a public nuisance. Further, all conditions in violation of this Code, the Development Code, or any other code or provision adopted by reference under either this Code or the Development Code shall be deemed unlawful and a public nuisance.

(Ord. 2216 § 1 (part), 2007: Ord. 356 § 1 (part), 1972)

(Ord. No. 2303, § 1, 12-3-13)

Any person violating the provisions, or failing to comply with any of the requirements, of this chapter shall be guilty of a misdemeanor or infraction as provided in chapter 1.04 of the Victorville Municipal Code. The citing officer and the City Attorney shall each have discretion to cite or charge any violation as either a misdemeanor or an infraction.

(Ord. No. 2303, § 1, 12-3-2013)

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.170 which pertained to creating, permitting, etc., nuisances prohibited to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation. Subsequently, Ord. No. 2303 added a new § 13.02.170 to read as herein set out.

The city manager or his designee may issue an administrative citation and/or assess an administrative fine for the violation of any of the provisions of this Chapter as provided in chapter 1.05 of the Victorville Municipal Code.

(Ord. No. 2303, § 1, 12-3-2013)

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.180 which pertained to permit—generally to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation. Subsequently, Ord. No. 2303 added a new § 13.02.180 to read as herein set out.

Each day a violation of this Chapter is committed or permitted to continue shall constitute a separate offense.

(Ord. No. 2303, § 1, 12-3-2013)

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.190 which pertained to permit—appeal to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation. Subsequently, Ord. No. 2303 added a new § 13.02.190 to read as herein set out.

The remedies provided in this chapter are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.

(Ord. No. 2303, § 1, 12-3-2013)

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.200 which pertained to summary abatement to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation. Subsequently, Ord. No. 2303 added a new § 13.02.200 to read as herein set out.

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.210 which pertained to abatement—notice to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.210 which pertained to failure to abate—form to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.210 which pertained to abatement—hearing by City Council to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.210 which pertained to abatement—performance of work by city to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, moved the former § 13.02.210 which pertained to assessment of costs of abatement by city to Title 16, Chapter 6, Article 13. See the Code Comparative Table and Disposition List for complete derivation.