[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984
by Ord. No. 895 as Ch. 203 of the 1984 Code. Amendments noted
where applicable.]
Whatever annoys, injures or endangers the safety, health, comfort or
repose of the public, interferes with or destroys or renders dangerous any
street, highway or navigable stream, allows accumulation of junk or obnoxious
matters on private property or in any way renders the public insecure in life
or property is hereby declared to be a public nuisance. Public nuisances shall
include, but shall not be limited to, whatever is forbidden by any provision
of this chapter and the common and statute law of the state.
No person shall maintain any structure which is unsafe or which is a
menace to the health, morals or safety of the public.
A.
Among others, each of the following acts is declared
unlawful and is prohibited, but this enumeration shall not be deemed to be
exclusive:
(1)
Horns and signal devices. The sounding of any horn or
signal device on any automobile, motorcycle, bus, street car or other vehicle
while not in motion, except as a danger signal if another vehicle is approaching
apparently out of control or to give warning of intent to get under motion
or, if in motion, only as a danger signal after or as brakes are being applied
and deceleration of the vehicle is intended; the creation by means of any
such signal device of any unreasonably loud or harsh sound; and the sounding
of such device for an unnecessary and unreasonable period of time.
(2)
Radio and musical instruments. The playing of any radio,
television, phonograph or any musical instrument in such a manner or with
such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m.,
or at any time or place so as to annoy or disturb the quiet, comfort or repose
of persons in any office or in any dwelling, hotel or other type of residence
or of any person in the vicinity.
(3)
Shouting and whistling. Yelling, shouting, hooting, whistling
or singing or the making of any other loud noise on the public streets between
the hours of 11:00 p.m. and 7:00 a.m. or the making of any such noise at any
time so as to annoy or disturb the quiet, comfort or repose of persons in
any office or in any dwelling, hotel or other type of residence or of any
person in the vicinity.
(5)
Animal and bird noises. The keeping of any animal or
bird which, by causing frequent or long-continued noise, shall disturb the
comfort or repose of any person.
(6)
Whistle or siren. The blowing of any whistle or siren,
except to give notice of the time to begin or stop work or as a warning of
fire or danger.
(7)
Engine exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal-combustion engine or motor
vehicle, except through a muffler or other device which effectively prevents
loud explosive noises therefrom.
(8)
Construction noises. The erection (including excavating),
demolition, alteration or repair of any building or the excavation of streets
and highways, other than between the hours of 7:00 a.m. and 6:00 p.m., unless
a permit is first obtained from the Department of Buildings and Inspection.
(9)
Handling merchandise. The creating of a loud and excessive
noise in connection with loading and unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
(10)
Devices to attract attention. The use of any drum, loudspeaker,
amplifier or other instrument or device for the purpose of attracting attention.
(11)
Noise or commotion in vehicles. To make a commotion or
make unnecessarily loud noises in vehicles, whereby the peace and good order
of the neighborhood is disturbed or persons owning or occupying property in
the neighborhood are disturbed or annoyed.
(12)
Sound trucks. To operate or cause to be operated a sound
truck with radio or amplifier within the city without first having obtained
a permit therefor from the City Council.
B.
Exceptions. None of the prohibitions herein shall apply
to or be enforced against:
(1)
Any authorized emergency vehicle when responding to an
emergency call.
(2)
Necessary excavations or repairs of bridges, streets
or highways by or on behalf of the city, county or state during the night
when the public safety, welfare and convenience renders it impossible to perform
such work during the day.
(3)
The reasonable use of stationary amplifiers or loudspeakers
in the course of public addresses which are noncommercial in character.
A.
No person shall maintain or operate any equipment, device,
appliance or apparatus in the city which generates or causes high-frequency
oscillations which interfere with radio or television transmitting or reception,
except that X-ray pictures, examinations or treatments and diathermy treatments
may be made if the machine or apparatus therefor is equipped to avoid all
unnecessary or unreasonable interference and is not negligently operated.
B.
The Building Director may act as radio inspector or designate
a radio inspector to investigate complaints of interference with radio and
television transmitting and reception. The radio inspector is hereby empowered,
upon presenting evidence of authority, to have a right of access to any premises
at any reasonable hour for the purpose of inspecting any equipment, device,
appliance and apparatus, coming within the terms of this chapter, to determine
if such equipment, device, appliance or apparatus complies with the terms
of this chapter. No person shall interfere with the radio inspector in making
such inspection nor refuse to allow the radio inspector to enter upon the
premises for such purpose.
C.
Whenever an inspection and test shall have been made
by the radio inspector and he or she shall find that such equipment, device,
appliance or apparatus is being operated in violation of this chapter, the
person responsible for such operation shall be notified in writing to discontinue
the use of such equipment, device, appliance or apparatus or to make additions,
repairs or modifications thereof in order that the same may be operated in
a manner which complies with the provisions of this chapter. Such notice may
be given personally to said person or by registered mail addressed to said
person. In the event that said person, within 48 hours after receipt of such
notice to repair or discontinue the use of said equipment, device, appliance
or apparatus, shall not discontinue its use or repair the same so that it
complies with this chapter, he or she shall be deemed to be operating the
same in violation thereof.
D.
The operation of any machine, mechanical device, electrical
device or thing that interferes with or causes static in the operation of
the police radio system is hereby declared to be a public nuisance. The operator
of such machine or device shall immediately discontinue the use thereof upon
being notified of its interference with the police radio system and shall
not again place the same in operation until it has been repaired or modified
so as not to interfere with the police radio system.
E.
The provisions herein contained shall not be construed
as regulating any equipment, device, appliance or apparatus used in interstate
commerce where the same is licensed or regulated by or under any Act of the
Congress of the United States.
No person shall, within the limits of the city, by himself or herself
or another, throw, place, deposit or leave in any street, lane, alley or other
public place any animal or vegetable substance, dead animal, fish, shavings,
dirt, rubbish, excrement, filth, unclean or nauseous water or liquor, hay,
straw, soot, offal, garbage or swill or any other article or substance whatever
which may cause any offensive, unwholesome or nauseous odor or endanger the
health of the public.
No person shall, by himself or herself or by another, throw, place,
deposit or leave in any street, highway, lane, alley or other public place,
or in any private place or premises, any glass, broken or unbroken, or any
metal, stone, earthenware, tacks, cinders or other substances of a nature
likely to cause injury to travelers or pedestrians, automobiles, bicycles
or vehicles or to injure any horse or other animal or which might injure,
cut or puncture any pneumatic tire.
If any lands, excavations, cellar, vault, sewer, drain, place or premises
within the city shall be damp, unwholesome, offensive or filthy or shall be
covered during any portion of the year with stagnant or impure water or shall
be in such condition as to produce offensive exhalations, the Health Officer
or City Council may require the same to be drained, filled up, cleansed or
purified by the owner, occupant or person in charge of such lot, premises
or place.[1]
[Amended 6-25-1991 by Ord. No. 1018]
A.
When any officer of the city shall determine that there
exists a nuisance within the meaning of this chapter and Code, such officer
shall order such person or persons responsible for such nuisance to immediately
cease the activity causing such nuisance or to abate the nuisance in accordance
with the officer's requirements, or such officer shall cause a notice
to be served on the owner or occupant of the premises on which said nuisance
exists, requiring such person to abate said nuisance within the time specified
in the notice. Service of the notice shall be made:
(1)
By delivering the notice to the owner or occupant personally
or by leaving the same at his or her residence, office or business with some
person of suitable age and discretion.
(2)
By mailing said notice by registered mail to such owner
or occupant at his or her last known address.
(3)
If the owner or occupant is unknown, by posting said
notice in some conspicuous place on the premises for five days.
B.
Whenever such person fails to immediately cease the activity
causing the nuisance or to abate the nuisance in accordance with any verbal
order or written notice, the city may do so, and the costs thereof shall be
charged against the owner or occupant as a special assessment.
Any person convicted of a violation of this chapter shall, in addition to the remedies herein prescribed, be punished as provided in Chapter 1, General Provisions, Article I. Each act of violation and every day upon which this violation shall occur, after notice to abate the nuisance has been given, shall constitute a separate offense.
