Article 34.10
Types of Nuisance.
Sections:
34.10.500 Attractive Nuisance.
34.10.510 Sidewalks and Streets to be Kept Free From Debris and Overhanging Brush and Limbs.
34.10.520 Periodic Brush Cutting Required; Exceptions.
34.10.525 Maintaining Inoperable Vehicles on Private Property Prohibited.
34.10.530 Public Nuisances; Composting Excepted.
34.10.535 Sidewalks to be Kept Clear of Water, Snow, Debris, Etc.
34.10.536 Repealed. (Ord. No. 2100, Repealed, 08/01/94)
34.10.537 Loud, Disturbing or Unnecessary Noise.
34.10.539 Specific Noise Prohibitions.
34.10.540 (Repealed by Ord. No. 1856; 12-28-82.)
34.10.550 (Repealed by Ord. No. 1856; 12-28-82.)
34.10.552 (Repealed by Ord. No. 1856; 12-28-82.)
34.10.560 (Repealed by Ord. No. 1856; 12-28-82.)
34.10.570 (Repealed by Ord. No. 1856; 12-28-82.)
34.10.580 (Repealed by Ord. No. 1856; 12-28-82.)
34.10.582 (Repealed by Ord. No. 1859; 02-08-83.)
34.10.500 Attractive Nuisance.
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, Sec. 1; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)
34.10.510 Sidewalks and Streets to be Kept Free From Debris and Overhanging Brush and Limbs.
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, Sec. 2; 6-15-26. Ord. No. 1856, Sec. 2; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)
34.10.520 Periodic Brush Cutting Required; Exceptions.
Property owners, lessees, occupants, persons in possession or control of property and all such responsible persons shall cut and remove from their property all weeds, thistles, noxious vegetation, all dead bushes, dead trees, stumps, and any growth of an inflammable nature and all grass or weeds more than ten (10) inches in height. Any person in possession or control of real property shall further be responsible for trimming away from any property line to a distance of ten (10) feet all blackberry vines or plant material which characteristically spreads under or around barriers intended to prevent intrusion. A violation of this section is a civil violation and a public nuisance.
(Ord. No. 153, Sec. 3; 6-15-26. Ord. No. 1233, Sec. 1; 8-6-68. Ord. No. 1856, Sec. 3; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)
34.10.525 Maintaining Inoperable Vehicles on Private Property Prohibited.
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. 1459, 3-21-72. Ord. No. 1856, Sec. 4; 12-28-82. Ord. No. 2056, Sec. 1; 05-19-92. Ord. No. 2125, Amended, 09-19-95.) (Ord. 2231, Amended, 03/21/2000)
34.10.530 Public Nuisances; Composting Excepted.
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. 1233, Sec. 3; 8-6-68. Ord. No. 1249, Sec. 1; 8-6-68. Ord. No. 1397, Sec. 1; 9-15-70. Ord. No. 1856, Sec. 5; 12-28-82. Ord. No. 2068, Sec. 1; 10-06-92.) (Ord. 2231, Amended, 03/21/2000)
34.10.535 Sidewalks to be Kept Clear of Water, Snow, Debris, Etc.
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 or sidewalk, to flow across any such street or sidewalk or to collect upon any sidewalk. Every such owner, lessee or occupant shall at all times keep and maintain in a proper state of repair adequate drain pipes or a drainage system sufficient to carry to the sewer, gutter, drywell or drainage ditch any overflow water accumulating on the roof or about such building. A violation of this section is a civil violation and a public nuisance.
(Ord. No. 1856, Sec. 6; 12-28-82.) (Ord. 2231, Amended, 03/21/2000)
34.10.536 Repealed. (Ord. No. 2100, Repealed, 08/01/94)
34.10.537 Loud, Disturbing or Unnecessary Noise.
It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any loud, disturbing or unnecessary noise in the City at any time of day.
(Ord. No. 1856, Sec. 6; 12-28-82. Ord. No. 2009, Sec. 1; 6-19-90. Ord. No. 2145, Amended, 02/18/97) (Ord. 2397, Amended, 09/07/2004; Ord. 2231, Amended, 03/21/2000)
34.10.539 Specific Noise Prohibitions.
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.
(Ord. 2461, Amended, 06/06/2006; Ord. 2430, Amended, 09/06/2005; Ord. 2425, Amended, 08/10/2005; Ord. 2425, Amended, 08/02/2005; Ord. 2397, Add, 09/07/2004)