[Ord. No. 1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000]
It shall be unlawful for any owner,
lessee, occupant or any person having control, custody or management
of any premises to permit to remain unguarded or unsafe upon such
premises, any abandoned or discarded item, or any item which is non-functional
for its intended purpose, or unused objects or equipment, such as
automobiles, furniture, stoves, refrigerators, freezers, cans, containers
or any other device having the characteristics of an attractive nuisance
or which is liable to attract children. It shall be unlawful for any
such owner, lessee, occupant or person having control, custody or
management of any such premises to permit to remain unguarded or unsafe
upon such premises, any pit, quarry, cistern, well or other excavation.
A violation of this section is a civil violation and a public nuisance.
[Ord. No. 1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 153, 6-15-2026]
Property owners or users shall keep
the sidewalks and streets abutting their property free from earth,
rock, yard clippings, and other debris and from projecting or overhanging
bushes, brush and limbs that may obstruct or render unsafe the passage
of persons or vehicles. Limbs, branches, leaves and other vegetative
growth shall not under any circumstances be allowed to project an
elevation of less than nine (9) feet above the level of the sidewalk.
A violation of this section is a civil violation and a public nuisance.
[Ord. No. 153, 6-15-1926; Ord. No. 1233, 8-6-1968; Ord. No.
1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2617, Amended, 6-4-2013]
1. Property owners, lessees, occupants, or
persons in possession or control of property shall:
a.
Remove from their property:
i.
Thistles and noxious weeds,
ii.
Vegetation of an inflammable condition
or nature,
iii.
Dead trees that are a hazard to use
of public property or public right-of-way, and
iv.
All grass or weeds more than 10 inches
in height.
b.
Trim away from any property line
to a distance of 10 feet all blackberry vines or plant material which
characteristically spreads under or around barriers intended to prevent
intrusion.
2. A violation of this section is a civil
violation and a public nuisance.
[Ord. No. 1459, 3-21-1972; Ord. No. 1856, 12-28-1982; Ord. No.
2056, 5-19-1992; Ord. No. 2125, Amended, 9-19-1995; Ord. No. 2231, Amended, 3-21-2000]
It shall be unlawful for any person to maintain any inoperable vehicle on private property for a period of time in excess of one month. For the purposes of this chapter an inoperable vehicle is defined as any vehicle which does not display a current state vehicle license and/or tags or which cannot be moved without being either repaired or dismantled or which is no longer safely usable for the purposes for which it was manufactured. This definition shall not include any vehicle kept in a building when not in use or any vehicles kept on the premises of a business lawfully engaged in wrecking, junking or repair of vehicles. Any owner of an inoperable vehicle or any person maintaining such a vehicle on premises under his control for a period of time in excess of one month shall be liable to abatement proceedings by the City as maintaining a public nuisance. Repeated violation of this section is also declared to be a public nuisance. For purposes of this section, "repeated violation" means that an individual or corporate entity has been convicted of violating this section two or more times within a five year period. It is no defense to the "repeated violation" allegation that different vehicles or properties were involved. The City may seek an injunction pursuant to LOC §
34.08.431 against repeated violators in order to permanently enjoin maintenance of inoperable vehicles in violation of this section. A violation of this section is a civil violation and a public nuisance.
[Ord. No. 1233, 8-6-1968; Ord. No. 1249, 8-6-1968; Ord. No.
1397, 9-15-1970; Ord. No. 1856, 12-28-1982; Ord. No. 2068, 10-6-1992; Ord. No. 2231, Amended, 3-21-2000]
1. Persons in possession or control of real
property shall at all times maintain such property free from growth
or material which may harbor or attract vermin or insects or aid in
the spread of disease, or which may be offensive or unsightly to the
community in which the property is located. Property not maintained
free of such growth or material shall be considered and deemed a public
nuisance. Without limitation upon the foregoing, the existence or
maintenance of any of the following upon real property shall be a
public nuisance: stagnant water, filth, dung (except manure used as
fertilizer), rubbish, refuse, junk, noxious vegetation, garbage, scrap
or waste materials. A violation of this section is a civil violation
and a public nuisance.
2. It shall not be a public nuisance pursuant to subsection
(1) of this section for persons in possession or control of real property to engage in composting on such property. For the purpose of this subsection:
a.
"Composting" means a controlled biological
decay of compost material where moisture, heat, bacteria, earthworms
and micro-organisms found in nature transform compost material into
compost in a manner which does not create offensive odors or a health
hazard.
b.
"Compost" means the end product resulting
from the composting of the compost material commonly known as humus
or soil amendments.
c.
"Compost material" means organic
wastes, such as yard waste, leaves, grass clippings, sod, vegetable
and fruit waste, dust, wood ashes, manure and other organic wastes.
[Ord. No. 1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2811, Amended, 1-2-2019]
It shall be unlawful for the owner,
lessee or occupant of any building or structure to permit water, ice
or snow to fall from any such building or structure upon any street,
sidewalk or public pathway, to flow across any such street, sidewalk,
or public pathway or to collect upon any sidewalk or public pathway.
A violation of this section is a civil violation and a public nuisance.
[Ord. No. 2100, 8-1-1994]
[Ord. No. 1856, 12-28-1982; Ord. No. 2009, 6-19-1990; Ord. No.
2145, Amended, 2-18-1997; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2397, Amended, 9-7-2004; Ord. No. 2772, Amended, 2-6-2018]
It shall be unlawful for any person
to create, assist in creating, permit, continue or permit the continuance
of any unnecessary loud or disturbing noise in the City at any time
of day.
[Ord. No. 2397,
Add, 9-7-2004; Ord. No.
2425, Amended, 8-2-2005; Ord. No. 2425, Amended, 8-10-2005; Ord. No. 2430, Amended, 9-6-2005; Ord. No. 2461, Amended, 6-6-2006]
1. It shall be unlawful for any person to
commit, create, assist in creating, permit, continue or permit the
continuance of any of the following:
a.
The keeping of any animal that by
frequent or continued noise disturbs the comfort and repose of any
person in the vicinity.
b.
The sounding of any horn or signal
device on any automobile, motorcycle or other vehicle on any street,
except as necessary warning of danger to property or person or as
permitted to be used by authorized emergency vehicles.
c.
The use of any mechanical device,
operated by compressed air, steam, gasoline or otherwise, unless the
noise created thereby is effectively muffled.
d.
The erection, excavation, demolition,
alteration or repair of any building or structure at any time other
than during the following hours, except by special permit granted
by the City Manager:
i.
Between the hours of 7:00 a.m. and
6:00 p.m. Monday through Friday in residential zones, or Monday through
Saturday in other than residential zones;
ii.
Between the hours of 8:00 a.m. and
6:00 p.m. on Saturday in residential zones;
iii.
Between the hours of 10:00 a.m. and 6:00 p.m. on Sunday and the following holidays, if such work does not require a permit under Chapter
45 of this Code:
A.
New Years Day (January 1);
B.
Labor Day (the first Monday in September);
C.
Thanksgiving Day (the fourth Thursday
in November);
D.
Christmas Day (December 25);
E.
Monday, when New Years Day or Christmas
Day falls on the preceding Sunday; and
F.
Friday, when New Years Day or Christmas Day falls on the succeeding Saturday. Absent a special permit granted by the City Manager, performance of such work at any time on Sunday or on any of the holidays listed in subsection 1 (d)(iii) A through F of this section shall violate this section if the work is of a type that requires a permit under Chapter
45 of this Code.
e.
In residential zones, the use or operation, by persons engaged in construction activity that requires a permit under Chapter
45 of this Code, of any device designed for sound production or reproduction so as to be plainly audible off the premises where the construction activity occurs. As used in this subsection
(e), "construction activity" shall mean the erection, excavation, demolition or repair of any building or structure.
f.
The use or operation of any gong
or siren upon any vehicle other than police, fire or other authorized
emergency vehicle.
g.
The use or operation of any device
designed for sound production or reproduction, including, but not
limited to, any radio, television set, musical instrument, stereophonic
equipment, loud speaker, sound production or reproduction device,
bell, drum or chime between the hours of 10:00 p.m. and 7:00 a.m.,
so as to be plainly audible within any dwelling unit that is not the
source of the sound.
h.
The gathering of any number of persons
upon premises, whether public or private, and the creation of noise
from the collective voices of such persons between the hours of 10:00
p.m. and 7:00 a.m. that is plainly audible within any dwelling unit
that is not the source of the sound. Before a violation of this section
is enforced the person or persons who creates or assists in creating
the noise shall be warned or requested by any person, either in writing
or orally to cease, reduce or otherwise bring down the level of sound.
2. The prohibitions described in subsection 1 of this section are separate and distinct from the prohibitions described in LOC §
34.10.537. For example, noise that does not occur within a parameter (such as time of day, date or frequency) described in subsection 1 of this section may nevertheless be unlawful if the noise violates LOC §
34.10.537.
3. A violation of this section is a civil
violation and a public nuisance.
[Repealed by Ord. No. 1856, 12-28-1982]
[Repealed by Ord. No. 1859, 2-8-1983]