[Code 1979, § 9.1]
Whatever annoys, injures or endangers the safety, health, comfort
or repose of the public; offends public decency; interferes with,
obstructs or renders dangerous any street, highway, navigable lake
or stream; 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 not be limited to, whatever is forbidden by any provision
of this article. No person shall commit, create or maintain any nuisance.
[Code 1979, § 9.7]
The following acts, services, apparatus and structures are hereby
declared to be public nuisances:
(1)
The maintenance of any pond, pool of water or vessel
holding stagnant water.
(2)
The throwing, placing, depositing or leaving in any
street, highway, lane, alley, public place, square or sidewalk, or
in any private place or premises where such throwing, placing, depositing
or leaving is in the opinion of the health officer dangerous or detrimental
to public health, or likely to cause sickness or attract flies, insects,
rodents and/or vermin, by any person of any animal or vegetable substance,
dead animal, fish, shell, tin cans, bottles, glass or other rubbish,
dirt, excrement, filth, unclean or nauseous water, or fluids, hay,
straw, soot, garbage, swill, animal bones, hides or horns, rotten
soap, grease or tallow, offal or any other offensive article or substance
whatever.
(3)
The pollution of any stream, lake or body of water
by, or the depositing into or upon any highway, street, lane, alley,
public street or square, or into any adjacent lot or grounds of, or
depositing or permitting to be deposited any refuse, foul or nauseous
liquid or water, creamery or industrial waste, or forcing or discharging
into any public or private sewer or drain any steam, vapor or gas.
(4)
The emission of noxious fumes or gas in such quantities
as to render occupancy of property uncomfortable to a person of ordinary
sensibilities.
(5)
Any vehicle used for any immoral or illegal purpose.
(6)
All indecent or obscene pictures, books, pamphlets,
magazines and newspapers.
(7)
Betting, bookmaking and all apparatus used in such
occupations.
(8)
All gambling devices.
(9)
All houses kept for the purpose of prostitution or
promiscuous sexual intercourse, gambling houses, houses of ill fame
and bawdy houses.
(10)
The distribution of samples of medicines or drugs
unless such samples are placed in the hands of an adult person.
(11)
All explosives, inflammable liquids and other dangerous
substances stored in any manner or in any amount contrary to the provisions
of this Code or statutes of the state.
(12)
Any use of the public streets and/or sidewalks which
causes large crowds to gather, obstructing the free use of the streets
and/or sidewalks.
(13)
All buildings, walls and other structures which have
been damaged by fire, decay or otherwise and all excavations remaining
unfilled or uncovered for a period of 90 days or longer, and which
are so situated so as to endanger the safety of the public.
(14)
All dangerous, unguarded excavations or machinery
in any public place, or so situated, left or operated on private property
as to attract the public.
(15)
The owning, driving or moving upon the public streets
and alleys of trucks or other motor vehicles which are constructed
or loaded so as to permit any part of its load or contents to blow,
fall or be deposited upon any street, alley, sidewalk or other public
or private place, or which deposits from its wheels, tires or other
parts onto the street, alley, sidewalk or other public or private
place, dirt, grease, sticky substances or foreign matter of any kind.
However, under circumstances determined by the City Manager to be
in the public interest, he may grant persons temporary exemption from
the provisions of this subsection conditioned upon cleaning and correcting
the violating condition at least once daily and execution of an agreement
by such person to reimburse the City for any extraordinary maintenance
expenses incurred by the City in connection with such violation.
(16)
The placing or causing to be placed in or on any motor
vehicle parked upon any street, alley or other public place within
the corporate limits of the City any paper, posters, signs, cards
or other advertising matter.
[Code 1979, § 9.11]
(a)
It shall be unlawful for any person to make, continue
or cause to be made or continued any loud, unnecessary or unusual
noise or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others, within the
limits of the City.
(b)
The following acts, among others, are declared to be
loud, disturbing and unnecessary noises in violation of this section,
but such enumeration shall not be deemed to be exclusive, namely:
(1)
Horns, signaling devices. The sounding of any horn
or signaling device on any automobile, motorcycle, car or other vehicle
on any street or public place of the City, except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound; and the sounding of any such device for an unnecessary
and unreasonable period of time. The use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
(2)
Radios, phonographs, musical instruments. The using,
operating or permitting to be played, used or operated any radio receiving
set, musical instrument, phonograph or other machine or device for
the producing or reproducing of sound in such manner as to disturb
the peace, quiet and comfort of the neighboring inhabitants or at
any time with louder volume than is necessary for convenient hearing
for the persons who are in the room, vehicle or chamber in which such
machine or device is operated and who are voluntary listeners. The
operation of any such set, instrument, phonograph, machine or device
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as
to be plainly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
(3)
Loudspeakers, amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproduction
of sound which is cast upon the public streets for the purposes of
commercial advertising or attracting the attention of the public to
any building or structure.
(4)
Yelling, shouting. Yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of
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 persons
in the vicinity.
(5)
Animals, birds. The keeping of any animal or bird
which by causing frequent or long continued noise shall disturb the
comfort or repose of any persons in the vicinity.
(6)
Steam whistles. The blowing of any locomotive steam
whistle or steam whistle attached to any stationary boiler except
to give notice of the time to begin or stop work or as a warning of
fire or danger, or upon request of proper City authorities.
(7)
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motor boat or motor vehicle except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(8)
Defect in vehicle or load. The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noise.
(9)
Loading, unloading, opening boxes. The creation of
a loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates
and containers.
(10)
Construction or repairing of buildings. The erection
(including excavating), demolition, alteration or repair of any building
other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays,
except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the building inspector,
which permit may be granted for a period not to exceed three days
or less while the emergency continues and which permit may be renewed
for periods of three days or less while the emergency continues. If
the building inspector should determine that the public health and
safety will not be impaired by the erection, demolition, alteration
or repair of any building or the excavation of streets and highways
within the hours of 6:00 p.m. and 7:00 a.m., and if he shall further
determine that loss or inconvenience would result to any party in
interest, he may grant permission for such work to be done within
the hours of 6:00 p.m. and 7:00 a.m., upon application being made
at the time the permit for the work is awarded or during the progress
of the work.
(11)
Schools, courts, churches, hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same are in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
the institution, or which disturb or unduly annoys patients in the
hospital, provided conspicuous signs are displayed in such streets
indicating that the street is a school, hospital or court street.
(12)
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(13)
Drums. The use of any drum or other instrument or
device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
(14)
Metal rails, pillars and columns, transportation
of. The transportation of rails, pillars or columns of iron, steel
or other material, over and along streets and other public places
upon carts, drays, cars, trucks or in any other manner so loaded as
to cause loud noises or as to disturb the peace and quiet of such
streets or other public places.
(15)
Pile drivers, hammers, shovels. The operation between
the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other appliance,
the use of which is attended by loud or unusual noise.
(16)
Blowers. The operation of any noise-creating blower
or power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of the operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine
is equipped with a muffler device sufficient to deaden the noise.
[Code 1979, § 9.12]
(a)
The creation of any noise by the speeding up in lower
gears of any car, truck, tractor, motorcycle, motor bike or any other
motor vehicle beyond what is necessary to increase the speed of the
motor vehicle sufficiently to orderly shift into the next higher gear,
shall be unlawful.
(b)
Any person who shall operate any such motor vehicle
by speeding it up in fast acceleration, shifting quickly from one
gear to another and then going only a short distance before slowing
down or stopping, or any person who shall make successive fast accelerations
shifting gears quickly and racing the motor only to slow down soon
after and immediately repeat the fast acceleration and shifting of
gears, shall be guilty of a violation of this Code.
(c)
Any person who shall race the motor of any such motor
vehicle unnecessarily while the motor vehicle is standing still or
is moving but not in gear or with the clutch out, shall be guilty
of a violation of this Code.
(d)
In the event of a jail sentence for a violation of
this section, the judge may suspend the sentence or any part of the
jail term if the defendant and the owner of the motor vehicle which
was involved in the violation shall voluntarily surrender possession
of the motor vehicle to the judge and in writing consent to the court's
impounding the motor vehicle for not less than five nor more than
30 days at the discretion of the court.
[Code 1979, § 9.18]
(a)
It shall be unlawful for any person knowingly or wantonly
to operate or cause to be operated, any machine, device, apparatus
or instrument of any kind whatsoever within the corporate limits of
the City between the hours of 6:00 a.m. and 12:00 midnight, the operation
of which shall cause reasonably preventable electrical interference
with radio or television reception within the municipal limits; provided,
however, that X-ray pictures, examinations or treatments may be made
at any time if the machines or apparatus used therefor are properly
equipped to avoid all unnecessary or reasonably preventable interference
with radio or television reception and are not negligently operated.
(b)
This section shall not be held or construed to embrace
or cover the regulation of any transmitting, broadcasting or receiving
instrument, apparatus or device used or useful in interstate commerce
or the operation of which instrument, apparatus, or device is licensed
by or under the provisions of any act of the Congress of the United
States.
[Code 1979, § 9.21]
No person shall have in his possession, either inside or outside
of any building, structure or dwelling, in a place accessible to children,
any abandoned, unattended or discarded icebox, refrigerator or any
other similar airtight container of any kind which has a snap latch
or other locking device thereon, without first removing the snap latch
or other locking device, or the doors, from such icebox, refrigerator
or other similar container.
