[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.
Among others, each of the following acts is declared unlawful and is prohibited, but this enumeration shall not be deemed to be exclusive:
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.
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.
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.
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.
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.
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.
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.
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.
Devices to attract attention. The use of any drum, loudspeaker, amplifier or other instrument or device for the purpose of attracting attention.
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.
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.
Sound systems in motor vehicles. To operate or permit the operation of an electronically amplified sound system in or on any parked or moving vehicle, including motorcycles and mopeds, so as to produce sound that is clearly audible more than 50 feet from the vehicle.
Exceptions. None of the prohibitions herein shall apply to or be enforced against:
Any authorized emergency vehicle when responding to an emergency call.
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.
The reasonable use of stationary amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.
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.
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.
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.
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.
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.
[Amended 6-25-1991 by Ord. No. 1018]
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:
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.
By mailing said notice by registered mail to such owner or occupant at his or her last known address.
If the owner or occupant is unknown, by posting said notice in some conspicuous place on the premises for five days.
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.