Currituck County

Board Agenda

Consideration and Action on an Ordinance of the Currituck County Board of Commissioners Amending Chapter 9, Article III, Section 9-71 of the Currituck County Code of Ordinances to Provide that Emission of Certain Material into the Open Air Shall Constitute a Nuisance.


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Category:BOC Ordinance


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Meeting History

Mar 20, 2017 6:00 PM Video Board of Commissioners Regular Meeting
draft Draft

Attorney McRee reviewed the nuisance ordinance and the amendment, which provides that excessive emission of dust from property may be constituted a nuisance.

Commissioner Beaumont moved to approve agenda Item #1840 amending Chapter 9, Article 3, Section 9-71 of the Currituck County Code of Ordinances to provide that emission of certain material into the open air shall constitute a nuisance. Commissioner Gilbert seconded and the motion carried unanimously.


WHEREAS, pursuant to N.C. Gen. Stat. §153A-121 a county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and

WHEREAS, pursuant to N.C. Gen. Stat. §153A-140 a county may remove, abate, or remedy everything that is dangerous or prejudicial to the public health or safety; and

WHEREAS, the emission of dirt, dust, other particulate matter, fumes and odors in an uncontrolled manner that extends beyond the property line from where the emission occurs is detrimental to health, safety, welfare and peaceful enjoyment of affected citizens and property.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners for the County of Currituck, North Carolina as follows:

PART I. Sec. 9-71. Certain conditions declared nuisances. of the Code of Ordinances, Currituck County, North Carolina is amended to read as follows:

Sec. 9-71. Certain conditions declared nuisances.

The existence of any of the following conditions on any lot, whether improved or not, or other parcel of land within the county limits is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:

(1) Growth of weeds and grass. The uncontrolled growth of noxious weeds or grass causing or threatening to cause a hazard detrimental to the public health or safety.

(2) Accumulations of animal or vegetable matter. Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitation therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health.

(3) Accumulations of rubbish. Any accumulation of rubbish, trash or junk causing or threatening to cause a fire hazard, causing or threatening to cause the accumulation of stagnant water or causing or threatening to cause the inhabitation therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health.

(4) Obstruction of drainage ways. The placement of rubbish, trash, yard debris, grass clippings, leaves, limbs, branches, soil, or junk impeding the flow of water and/or causing or threatening to cause the obstruction of drainage ways.

(5) Conditions violating health department rules. Any condition detrimental to the public health which violates the rules and regulations of the local health department.

(6) Burned or partially burned buildings or structures. Any building or other structure which has been burned, partially burned or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the county building official can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises.

(7) Storm or erosion damaged structures and resulting debris. The existence of any of the following conditions associated with storm-damaged or erosion-damaged structures or their resultant debris shall constitute a public nuisance:

a. Damaged structure in danger of collapsing;

b. Damaged structure or debris from damaged structures where it can reasonably be determined that there is a likelihood of personal or property injury;

c. Any structure, regardless of condition, or any debris from damaged structure which is located in whole or in part in a public trust area or public land.

(8) Structurally deteriorated, or storm damaged automobile service station canopies. Any automobile service station canopy with loose, unanchored, or missing cladding, or fascia panels prone to progressive collapse, or structurally unsound members damaged by storms, vehicles, or deterioration.

(9) Vicious animals. The keeping of a vicious animal as defined in section 3-62

(10) All terrain vehicles. The operation of an all terrain vehicle:

a. In a reckless manner;

b. In a manner that creates excessive noise;

c. In a manner that spreads dust;

d. On a track or course located on property used for residential purposes; or

e. By any person, not being on his own lands, who without the consent of the owner thereof, willfully commits any damage, injury or spoliation to or upon any tree, wood, underwood, timber, garden, crops, vegetables, plants, lands, springs, or any other matter or thing growing or being thereon.

For purposes of this section, "all terrain vehicle" shall mean a wheeled or tracked motorized vehicle designed and used primarily for off-road use with two, three, four or six low-pressure tires and including, but not limited to, dirt or trail bikes.

(11) Vegetation obstructions. The growth of shrubs, trees or other vegetation that impedes

public safety vehicle and firefighting equipment ingress and egress in the following locations that are utilized as public safety vehicle and firefighting access routes and areas: private street easements, private drives, parking lots and/or drive isles, fire hydrant easements, designated fire lanes or other public vehicular areas.

(12) Discharge of materials into the open air. Emission of excessive dust into the open air in

such a manner as to cause injury, detriment, nuisance or annoyance to any person, or to threaten

to or does impair or affect the health any person or to endanger the health or safety of any person, or to cause or have a natural tendency to cause injury or damage to property. “Emission of excessive dust” means that dust is visible extending beyond the property line of the property from where the dust is emitted. This paragraph does not apply to the cultivation of land for crop production, crop irrigation, harvesting, on site curing, storage or preparation of crops or protection of crops from damage or disease conducted in accordance to practices acceptable to the North Carolina Department of Agriculture and Consumer Services.

(12) (13) Miscellaneous. Any other condition that is specified as a nuisance in this Code.

PART II. If any provision, section, part, paragraph, phrase or sentence of this ordinance is found to be invalid, all other provisions, parts, paragraphs, phrases, and sentences shall remain valid and in full force and effect.

PART III. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

PART IV. This ordinance shall be effective immediately upon its adoption.

ADOPTED this 20th day of March, 2017.

MOVER:Paul M. Beaumont, Commissioner
SECONDER:Marion Gilbert, Commissioner
AYES:Bobby Hanig, Mike D. Hall, Paul M. Beaumont, Mary "Kitty" Etheridge, Marion Gilbert, Mike H. Payment, Bob White