It is unlawful for any person to wantonly, mischievously or
maliciously deface, break or destroy, in any manner whatsoever, any
property of the city, state, private corporation or person, or any
other governmental or private entity. Any person who violates this
section shall be deemed guilty of a misdemeanor, punishable by a fine
of up to $750, up to six months in jail, or both.
(Prior code § 16-89; Ord. 98-007 § 35, 1998; Ord. 02-006 § 4, 2002; Ord. 03-015 § 1, 2003)
A.
Littering
upon any publicly or privately owned property within the city limits
is prohibited.
B.
A person
is guilty of littering if he or she places, throws, scatters or deposits
garbage, debris, refuse, rubbish or waste material, objects, or substances,
or causes any of the foregoing to be done, upon the property of another.
C.
A person
is guilty of littering if he or she attaches, or places, any sign
or other means of advertising or announcements, upon any public right-of-way,
street sign, utility pole, or private property without the written
consent of the property owner.
D.
Operators
of motor vehicles, and/or trailers, shall be responsible for covering
all loads of trash, garbage, litter, yard waste, or substances. Cover,
including containment of said items within sealed plastic garbage
bags, shall be sufficient to prevent any of said loads from being
ejected or displaced from the vehicle or trailer while in transit
within the city. Any operator of a motor vehicle, or trailer, who
fails to cover loads of trash, garbage, litter, yard waste, or substances
is guilty of littering.
(Prior code § 16-90; Ord. 98-007 § 36, 1998; Ord. 07-003 § 1, 2007)
It is unlawful for any person to erect or maintain upon residential
property in the city, any barbed wire fence, electric fence or fence
of any other nature which is so constructed as to be potentially dangerous
to human beings.
(Prior code § 16-91; Ord. 98-007 § 38, 1998)
It is unlawful for any person to walk, run, ride or in any other
manner cross over or upon any lawn, garden or otherwise improved lot
or damage the trees or shrubbery thereon, whether the same are separated
by a fence or not, within the city, without the permission of the
owner or occupant thereof.
(Prior code § 16-92; Ord. 98-007 § 39, 1998)
No person shall in any way deface the windows, walls or other
parts of a building, whether occupied or unoccupied, within the city,
nor in any manner injure the awnings, awning posts, fences, enclosures
or other improvements of any kind or character whatsoever, either
private or public property, nor fill up, obstruct or otherwise damage
any ditch or clog any intakes or pipes in the storm sewer system or
irrigation ditch system constructed in the city nor injure, mark or
deface any trees, flowers or shrubs.
(Prior code § 16-93; Ord. 98-007 § 40, 1998)
No person shall mischievously, maliciously and wantonly deface,
break or injure in any way any footbridge or culvert, constructed
by either the city, private individual or corporation.
(Prior code § 16-95; Ord. 98-007 § 42, 1998)
No person shall, within the city, throw, hurl, thrust or in
any manner propel any stone, stick or any other missile, article or
thing of any kind, character or description, at, upon or toward:
A.
Any
house, church, public or private building;
B.
Or against
any telegraph, telephone, power or utility post, pole, wire, machinery,
fixture or appliance;
C.
Or against
any electric lamp, light, wire, fixture, apparatus, machinery or appliances;
or
D.
Any
person or any domestic animal or any vehicle, wagon or means of conveyance.
(Prior code § 16-83; Ord. 98-007 § 32, 1998)
Any person who mischievously, wantonly or maliciously tears
down or defaces any ordinance, bill, notice, advertisement or any
other paper of a business of a legitimate character lawfully posted
up within the limits of the city shall be deemed guilty of a misdemeanor.
(Prior code § 16-97; Ord. 98-007 § 44, 1998)
No person shall puncture, deflate or otherwise mutilate the
tires of any automobile, motorcycle or other vehicle, or scratch,
mark or otherwise deface or injure the body or apparatus thereof,
to take off or remove from any such vehicle any part or portion of
the machinery, equipment, paraphernalia or any article thereof, or
throw, cast or hurl any stones, rocks, glass or other missile at any
vehicle or any occupant thereof, or cast upon any public street any
substance or matter which might be injurious or dangerous to any vehicle
passing along the street.
(Prior code § 13-1)
No person, other than the owner or authorized driver of any
vehicle, except a police officer acting for the protection of public
safety, as the case may be, shall tamper, meddle or interfere with
such vehicle, nor start nor attempt to start or move the same while
the same is standing still.
(Prior code § 13-2)
A.
No person
shall operate an aircraft, including helicopters, over the city below
an altitude of 1,000 feet above the highest obstacle within 2,000
feet of the aircraft or helicopter, except when necessary to take
off or land at locations approved by the city council.
B.
The
city council, or its designated representative, may permit a waiver
of the provisions of this section for special events or circumstances.
(Prior code § 16-66; Ord. 98-007 § 14, 1998)
A.
Whoever
enters into or upon the land or premises of another, where those premises
have been posted with warning signs prohibiting entry to the general
public, which signs are reasonably located so as to be likely to come
to the attention of the public, is guilty of trespass.
B.
Whoever,
being upon the land or premises of another, is orally notified to
depart therefrom by the owner or occupant, or agent or servant of
the owner or occupant, and thereafter neglects or refuses to depart
therefrom, is guilty of trespass.
C.
Whoever
enters into or upon the land or premises of another, after receiving
written notification from the owner or occupant, or agent or servant
of the owner or occupant, not to do so, is guilty of trespass.
(Prior code § 16-99; Ord. 98-007 § 46, 1998)
A.
No person
shall knowingly or wantonly operate or cause to be operated, any machine,
device, apparatus or instrument of any kind within the city, the operation
of which causes reasonably preventable electrical interference with
radio reception within the city; provided, 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 reception and are not negligently
operated.
B.
The provisions of subsection A of this section shall not be held or construed to include 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 or authorized by or pursuant to the provisions of any act of the Congress of the United States.
(Prior code § 16-100; Ord. 98-007 § 47, 1998)
Whoever shall steal, take and carry, lead or drive away the
personal goods of another of the value in any sum less than $500 is
guilty of petit larceny, punishable by a fine of up to $750, up to
six months in jail, or both.
(Prior code § 16-101; Ord. 02-006 § 5, 2002)
A.
Any
person who wilfully conceals or wilfully takes possession of any goods
offered for sale by a wholesale or retail store or other mercantile
established within the city, without the knowledge or consent of the
owner thereof and with the intent to convert the goods to his or her
own or any others use without paying the purchase price thereof, is
guilty of shoplifting, punishable by a fine of up to $750, up to six
months in jail, or both.
B.
Any
police officer, merchant or merchants employee who has reasonable
cause for believing that a person has committed the crime of shoplifting
as defined in this section may obtain, interrogate such person in
regard thereto in a reasonable manner and for a reasonable time.
(Prior code § 16-102; Ord. 02-006 § 6, 2002)
A.
Definition.
The phrase "screened from ordinary public view" means in a manner
which does not constitute a health hazard, attract children, rodents,
or pests, and is located away from public view, or screened from ordinary
public view, by means of a suitable fence, trees, shrubbery, opaque
covering or other appropriate means.
B.
Heavy
Appliance Stored in Public View Deemed a Nuisance. No person shall
permit any heavy appliance, such as stove, dishwasher, bathtub, refrigerator
or other airtight container, washing machine, clothes dryer, or other
similar appliance, to be placed or remain out of doors and not screened
from public view for any period longer than one day. Abandoned airtight
containers or heavy appliances kept contrary to the provision of this
section are deemed a nuisance and the city may abate the same by serving
notice upon any owner, tenant or lessee of the premises. If the container
or heavy appliance is not removed within five days of notice, the
city may remove and dispose of the container or heavy appliance at
such owner's expense. Such abatement may be had in addition to criminal
prosecution for any violation of this section.
C.
Removal
of Heavy Appliances, Costs of Removal, Sale.
1.
The
chief of police or building inspector, upon determining that a violation
of this section exists, shall notify the owner, tenant or lessee of
the property upon which the violation exists of the violation, by
sending written notice to the last known address of the owner as shown
on the records of the county assessor or by personal delivery of the
notice to the owner, tenant or lessee of the property.
2.
The
notice shall contain the request for removal within one day for a
heavy appliance or airtight container, and the notice shall advise
that upon failure to comply with the notice to remove, the city or
its designee shall undertake such removal with the cost of removal
to be levied against the owner or occupant of the property.
3.
If
within five days after notice has been given, the violation continues,
the chief of police or the building inspector will cause the offending
heavy appliance or airtight container to be removed at the property
owner's, tenant's or lessee's expense.
4.
Liability
of Owner or Occupant. Upon the failure of the owner or occupant of
property on which heavy appliances or airtight containers have been
removed by the city to pay the unrecovered expenses incurred by the
city in such removal, a lien shall be placed upon the real property
for the amount of such expenses.
(Prior code § 16-51)
It is unlawful to have an abandoned, unattended or discarded
icebox, refrigerator or other container which endangers the health,
welfare and safety of the children of the city. The city may remove
such container from the person's property, to then be stored, and
notification given to the owner advising where such container can
be retrieved.
(Prior code § 16-52)
A.
It shall
be the duty of the owner, lessee or occupant of real property within
the city to cut or dig and destroy and remove all weeds and dead trees
upon such property, and upon streets within the curblines in front
of, or abutting, such property, and to the centerline of alleys abutting
such property.
B.
For
the purposes of this section, "weeds" means and includes the following:
field bindweed, Canada thistle, milk thistle or any other thistle,
quack grass, hoary cress or white top, skeletonleaf bursage, Russian
knapweed, ragweed, yellow sweet clover, fox-tail, dandelion, Kochia
scoparia or any other noncultivated plant not consistent with surrounding
developed areas.
(Prior code § 16-54; Ord. 98-005 § 2, 1998; Ord. 13-010 § 1, 2013)
B.
Upon the failure of any owner, lessee or occupant of real property to comply with the provisions of Section 9.12.190, the mayor or official designated by the mayor may cause a written notice to be given to the person who appears as the last owner of the property according to the assessment rolls of the county, and to the lessee or occupant of such property. The notice shall be mailed and addressed to the owner at the address appearing on such assessment rolls and to the lessee or occupant at the address of such property. The notice shall order the addressee to cut or dig, and destroy and remove such weeds and dead trees within 10 days after the date of mailing of such notice. It is unlawful for any person to fail or refuse to comply with such notice within the time aforesaid, and in the event of such failure or refusal, the mayor or designated official may cause such compliance and shall immediately assess and levy the direct cost of cutting or digging, and destroying and removing such weeds and dead trees, together with a surcharge calculated pursuant to subsection C to cover indirect administrative costs, against the property upon which the violation has occurred, and shall proceed to collect such cost and surcharge. If such cost and surcharge is not paid within 37 days from the date the bill is first sent, the same plus reasonable attorneys' fees and other costs of collection shall become a lien against the subject property and collectible as such.
C.
Except as otherwise provided in this subsection, an administrative surcharge of $100, shall be imposed and collected in the manner described in subsection B of this section. The administrative surcharge established herein and hereafter may be reviewed by the council and adjusted at such time by resolution of the city council.
(Prior code § 16-55; Ord. 98-005 § 1, 1998; Ord. 12-009 § 1, 2012)
A person who, with intent to defraud, obtains services with
a value of less than $1,000 which he or she knows are available only
for compensation, without paying is guilty of theft of services and
may be punished by imprisonment for not more than six months, a fine
of not more than $750, or both.
For purposes of this section services shall mean the following:
A.
Water
from the municipal water system;
B.
Sewer
services from the municipal sewer system;
C.
Garbage
or refuse services, except for small amounts of trash in the city
owned bins set out for public collection in city parks and along streets;
D.
Irrigation
from the city irrigation system.
(Ord. 10-008 § 1, 2010)
