Any person who intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code. Each day in which any violation shall occur, or each occurrence of any violation, shall constitute a separate offense.
(1987 Code, ch. 6, sec. 5E; 2001
Code, sec. 8.305)
Whatever is dangerous to human life or health, or whatever renders
the ground, the water, the air or food a hazard or injury to human
life or health or that is offensive to the senses or that is or threatens
to become detrimental to the public health, is hereby declared to
be a nuisance, and the following specific acts, conditions and things
are, among others, each and all of them, hereby declared to be nuisances
and are prohibited and made unlawful.
(1987 Code, ch. 6, sec. 5A; 2001
Code, sec. 8.301)
(a)
Odor
nuisance shall be generally defined and prohibited as follows:
(1)
Any unreasonably noxious, unpleasant or strong odor which causes
material distress, discomfort or injury to persons of ordinary sensibilities
in the immediate vicinity thereof is hereby declared to be a nuisance
and is hereafter prohibited.
(2)
Any odor, stench or smell of such character, strength and continued
duration which substantially interferes with the comfortable enjoyment
of private homes by persons of ordinary sensibilities is hereby declared
to be a nuisance and is hereby prohibited.
(b)
The
following things are, among others, declared to be offensive odors
and odor nuisances in violation of this section, but said enumeration
shall not be deemed to exclude odor nuisances not enumerated:
(1)
Animal lots and pens.
Offensive odors from cow lots,
hog pens and other similar places where animals or fowl are kept or
fed, which shall disturb the comfort and repose of persons of ordinary
sensibilities.
(2)
Toilets.
Offensive odors from toilets or other places
where human waste is deposited.
(3)
Chemicals or industrial activities.
Offensive odors
from the use or possession of chemicals, or from industrial processes
or activities, which shall disturb the comfort and repose of persons
of ordinary sensibilities.
(4)
Smoke.
Offensive odors from smoke from the burning of
rubbish, trash, rubber, chemical substances, or other things or substances.
(5)
Stagnant pools; rotting garbage, offal, etc.
Offensive
odors from stagnant pools allowed to remain on any premises, or from
rotting garbage, refuse, offal or dead animals on any premises.
(6)
Accumulation of materials.
Accumulation on property
or a right-of-way or alley of any material that causes an offensive
odor, draws vermin or causes an increase in vectors of disease. If
the material is to be used at a residence, it must be stored in containers
that are vermin-proof and inhibit the spread of odors. If the materials
are to be used in a business, they must be stored in vermin and disease
vector proof containers. Odor must be controlled by any means selected
by the business owner, provided complaints of offensive odors by other
business owners or residents will require that the business owner
provide another reasonable solution to the odor problem.
(1987 Code, ch. 6, sec. 5C; Ordinance 9710-300 adopted 10/13/97; 2001 Code, sec. 8.303; Ordinance adopting
2020 Code)
(a)
It
shall be unlawful for any person having supervision or control of
any lot, tract or parcel of land, whether occupied or unoccupied,
within the city limits:
(1)
To permit the accumulation of rubbish, trash, or solid waste on such
premises, which includes all stacks, heaps or piles of old lumber,
refuse, junk, old cars for machinery or parts thereof, garbage, trash,
scrap metal, ruins or demolished or partly demolished structures of
buildings, dilapidated buildings, or piles or stones, bricks or broken
rock, on any premises bordering any public street or alley in the
city, so as to produce an unsightly and ugly appearance, or which
may harbor reptiles or rodents or create a fire hazard, or result
in unsanitary conditions;
(2)
To permit the accumulation of unsanitary matter upon such premises;
(3)
To permit or allow the accumulation in view from public property,
or from adjacent private property, of materials, equipment, merchandise
or personal property of any kind; or
(4)
To permit or allow the outdoor storage of materials, equipment or
merchandise of any type, unscreened, that is required by this code
to be screened.
(b)
The
burning of trash or rubbish, paper, grass or weeds in any street or
alley in the city, or in any place other than a wire, metal or brick
container, or in any place other than on private premises under the
immediate supervision and guard of the owner, or some competent person
designated by him, or by the person in charge of such premises, is
prohibited in the city.
(c)
The
dumping, placing or depositing of any trash, rubbish, garbage, tin
cans, refuse, waste, grass, weeds, scrap material, offal, dead animals
or junk in or upon any street, alley, sidewalk, branch, creek, ditch
or gutter, or along or upon the sides thereof, is prohibited in the
city.
(1987 Code, ch. 6, sec. 5D; Ordinance 9710-300 adopted 10/13/97; 2001 Code, sec. 8.304; Ordinance adopting
2020 Code)
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, unless the
context of their usage clearly indicates another meaning:
means the hours between 7:00 a.m. on one day and 10:00 p.m.
the same day.
means the intensity of a sound expressed in decibels read
from a calibrated sound level meter utilizing the A-level weighting
scale and the slow meter response, as specified by the American National
Standards Institute.
means any occurrence or set of circumstances involving actual
or imminent physical trauma or property damage or loss, which demands
immediate action.
means any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused
by an emergency, or which is otherwise necessary to restore property
to a safe condition following a fire, accident or natural disaster,
or which is required to protect persons or property from exposure
to danger, or which is required to restore public utilities.
means the hours between 10:00 p.m. on one day and 7:00 a.m.
the following day.
means any real property within the limits of the city which
is not included in the definition of residential property as defined
in this division.
means any individual, association, partnership or corporation.
means the line along the ground surface, and its vertical
extension, which separates the real property owned, leased or occupied
by one person from that owned, leased or occupied by another person,
and the imaginary line which represents the legal limits of property
of any person who owns, leases or otherwise occupies an apartment,
condominium, hotel or motel room, office or any other type of occupancy.
means any street, avenue, boulevard, highway, road, thoroughfare,
sidewalk, alley or any other property which is owned or controlled
by a governmental entity.
means any real property developed and used for human habitation
and which contains living facilities, including provisions for sleeping,
eating, cooking and sanitation, unless such premises are actually
occupied and used primarily for purposes other than human habitation.
means any owner, operator, or lessee of the property or premises
from which a sound emanates, whether real property or personal property,
or any other person who causes, suffers, allows or permits a sound.
(1987 Code, ch. 6, sec. 5B; 2001
Code, sec. 8.302(a); Ordinance
2022-617 adopted 3/14/2022)
Any person who violates any provision of this division is guilty of a misdemeanor and, upon conviction, shall be subject to a fine as set forth in the general penalty provision in section 1.01.009 of this code. Upon a second or subsequent conviction for a violation of this division within a twelve-month period, said person shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code. Each occurrence of any violation shall constitute a separate offense. To the extent that any conduct prohibited under this division also constitutes an offense under state law, then it shall be punishable as provided by state law.
(1987 Code, ch. 6, sec. 5B; 2001
Code, sec. 8.302(i); Ordinance
2022-617 adopted 3/14/2022)
(a)
No person shall conduct, permit or allow any activity or sound source to produce a sound that is discernible beyond the property lines of the property on which the sound is being generated that when measured as provided in section 8.04.038 below exceeds the applicable dB(A) level listed below for the property on which the sound is generated:
(1)
Residential property: 65 dB(A) during either daytime or nighttime
hours, except Friday and Saturday.
(2)
Nonresidential property: 65 dB(A) during either daytime or nighttime
hours, except Friday and Saturday.
(3)
Residential and nonresidential property: 75 dB(A) during daytime
hours on Friday and Saturday.
(b)
The
dB(A) levels set forth in this section apply to the property where
the sound is being generated. Any sound that when measured at the
property where the sound is being generated exceeds the dB(A) levels
set forth in this section is a violation of this division. Evidence
that an activity or sound source produces a sound that exceeds the
dB(A) levels specified in this section, when measured at the site
where the sound is being generated, if available, shall be prima facie
evidence of a sound nuisance which unreasonably disturbs, injures
or endangers the comfort, repose, health, peace or safety of others
within the limits of the city in violation of this division.
(1987 Code, ch. 6, sec. 5B; 2001
Code, sec. 8.302(b); Ordinance
2022-617 adopted 3/14/2022)
(a)
It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continued or permit the continuance of any sound which either exceeds the maximum permitted sound levels specified in section 8.04.033 or, for purposes of sections 8.04.035 and 8.04.037, otherwise unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city.
(b)
The
acts enumerated in the following sections of this division, among
others, are declared to be sound nuisances which are unreasonably
loud, irritating, disturbing, or excessive sounds in violation of
this division, but such enumeration shall not be deemed to be exclusive.
(1987 Code, ch. 6, sec. 5B; 2001
Code, sec. 8.302(c); Ordinance
2022-617 adopted 3/14/2022)
The use of any automobile, motorcycle, or other vehicle so out
of repair, so loaded, or in such a manner so as to create loud and
unreasonable grating, grinding, rattling or any other loud and unreasonable
sound is hereby prohibited and declared to be unlawful.
(1987 Code, ch. 6, sec. 5B; 2001
Code, sec. 8.302(d); Ordinance
2022-617 adopted 3/14/2022)
The production or reproduction of sound from amplification equipment contained in or mounted on a motor vehicle that produces sound in excess of the limits set forth in section 8.04.033, when measured at or near fifteen (15) feet from the nearest external point on the vehicle, is hereby prohibited and declared to be unlawful as a sound nuisance in violation of this division, except as permitted by section 8.04.037.
(1987 Code, ch. 6, sec. 5B; 2001
Code, sec. 8.302(e); Ordinance
2022-617 adopted 3/14/2022)
The following defenses shall apply to any offense established
in this division:
(1)
The
emission of any sound was for the purpose of alerting persons to the
existence of an emergency, danger or attempted crime or an authorized
test or drill for emergency, danger or attempted crime.
(2)
The
sound was produced by an authorized emergency vehicle.
(3)
The
sound was produced by emergency work necessary to restore public utilities,
or to restore property to a safe condition, or to protect persons
or property from imminent danger, following a fire, accident or natural
disaster.
(4)
The
sound was generated:
(A)
At a lawfully scheduled stadium event;
(B)
By a parade and spectators and participants on the parade route during
a permitted parade;
(C)
By spectators and participants at a lawfully scheduled amphitheater
event;
(D)
By patrons and participants using cannons and gunfire during historical
battle re-enactments for which a pyrotechnic permit was obtained and
the explosives were inspected by the fire marshal;
(E)
By a pyrotechnic display that was inspected and approved by the fire
marshal;
(F)
By spectators and participants of any outdoor event, fun run, race,
festival, fiesta, or concert which was sponsored, cosponsored, or
permitted by the city; or
(G)
At any other lawful activity which constitutes protected expression
pursuant to the First Amendment of the United States Constitution.
(5)
The
sound was produced by the erection, excavation, construction, demolition,
alteration, or repair work, or the permitting or causing thereof,
of any building or other structure, or the operation or the permitting
or causing the operation of any tools or equipment used in any such
activity, conducted between the hours of 7:00 a.m. and 10:00 p.m.
and which activity did not produce a sound exceeding 75 dB(A) when
measured from the nearest residential property where the sound is
being received.
(6)
The
sound was produced by aircraft in flight or in operation at an airport,
or railroad equipment in operation on railroad rights-of-way.
(7)
The
sound was produced by operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or
garden tool, lawnmower, or any other similar device used between the
hours of 7:00 a.m. and 10:00 p.m. and which device did not produce
a sound exceeding 75 dB(A) when measured from the nearest residential
property where the sound is being received and was used for the maintenance
or upkeep of the property on which it was used.
(8)
The
sound was produced by the operation of any air-conditioning unit which
did not produce a sound exceeding 60 dB(A) on residential property
or 60 dB(A) on nonresidential property, when measured at or near fifteen
(15) feet from the air-conditioning unit producing the sound being
measured.
(9)
The
sound was produced by church bells or church chimes when used as part
of a religious observance or service during daytime hours and which
did not exceed five continuous minutes in duration in any one-hour
period.
(1987 Code, ch. 6, sec. 5B; 2001
Code, sec. 8.302(f); Ordinance
2022-617 adopted 3/14/2022)
Whenever portions of this division prohibit sound over a certain decibel limit, measurement of said sound shall be made with a calibrated sound level meter. Noise levels shall be measured in decibels. The unit of measurement shall be designated as dB(A). Meters shall be maintained in calibration and good working order. Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. The microphone of said meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. Except as provided in sections 8.04.036 and 8.04.037, measurements shall be taken at or near the nearest property line of the property where the sound is being generated.
(1987 Code, ch. 6, sec. 5B; 2001
Code, sec. 8.302(g); Ordinance
2022-617 adopted 3/14/2022)
