Chapter 8.04
NUISANCES
Sections:
8.04.020 Public nuisances designated – Acts prohibited.
8.04.030 Marijuana oil, flammable extraction – Prohibited.
8.04.040 Escape of soot, cinders, etc.
8.04.050 Disturbing the peace.
8.04.110 Violations and penalties.
8.04.120 Abatement – Notices – Costs – Fines.
Prior legislation: Ords. 81-5, 13-07, 14-18, 14-29, 15-01, 15-16 and 17-03; Code 1962 §§ 12-4 through 12-12, 12-14 through 12-18 and 12-20.
8.04.010 Purpose of chapter.
The purpose of this chapter is the protection of the public health, safety and welfare of the people of the City of North Pole and to address public nuisance violations that shall be addressed through a citation issued by the City of North Pole. (Ord. 18-26 § 2, 2018; Ord. 18-04 § 2, 2018)
8.04.020 Public nuisances designated – Acts prohibited.
A. Public nuisances shall include but not be limited to whatever is forbidden by any provision of this chapter.
B. It is unlawful for any person to commit, create or maintain any public nuisance enumerated in this chapter. (Ord. 18-26 § 2, 2018; Ord. 18-04 § 2, 2018)
8.04.030 Marijuana oil, flammable extraction – Prohibited.
A. Methods to process marijuana oil using a flammable extraction method are hereby prohibited within North Pole City limits.
1. “Flammable extraction method” is defined as using a flammable or explosive chemical, series of chemicals or fluid to extract oil from a marijuana plant.
2. Methods of marijuana oil extraction that do not involve flammable or explosive materials are not a violation of this section.
B. A person or corporation that processes marijuana oil using a flammable extraction method is in violation of this section and subject to a violation of this section. (Ord. 18-26 § 2, 2018; Ord. 18-04 § 2, 2018)
8.04.040 Escape of soot, cinders, etc.
A. Dangers to Public Health.
1. It is unlawful for any person to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases in such place or manner as to:
a. Be detrimental to any person or the public;
b. Endanger the health, comfort and safety of any such person or of the public.
B. The escape of such matter is declared to be a public nuisance and is a violation of this section.
C. Definitions. “Cinders,” “dust,” “fly ash,” “noxious acids,” “fumes” and “gases” as used in this section shall be considered to be all matter including smoke, cinders, dust and soot formed as the result of the combustion of fuels which are carried in the gas streams so as to reach the external air and which have not been completely consumed by the combustion process. (Ord. 18-26 § 2, 2018; Ord. 18-04 § 2, 2018)
8.04.050 Disturbing the peace.
A. A person commits the offense of disturbing the peace if:
1. With intent to disturb the peace and privacy of another not physically on the same premises or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise.
2. In a public place or in a private place of another without consent, and with intent to disturb the peace and privacy of another or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise.
3. Between the hours of 11:00 p.m. and 7:00 a.m., operates or uses a pile driver, pneumatic hammer, bulldozer, road grader, loader, power shovel, derrick, backhoe, power saw, manual hammer, motorcycle, snow machine or other instrument, appliance or vehicle which generates loud sounds or noise, after having been informed by another that such operations or use is disturbing the peace and privacy of others.
4. Keeps any dog or other animal which is allowed to engage in frequent or prolonged barking or other loud noise-producing activity, after having been informed by another that such frequent or prolonged barking or noise-producing activity is disturbing the peace and privacy of others.
5. Repeatedly or continuously sounds any horn or other sound-producing warning device on a motor vehicle when such repeated or continued sounding is not necessary to warn of any danger.
6. After being informed by a police officer that the conduct is in violation of this subsection (A), refuses to abate the prohibited activity.
B. As used in this section, “noise” is “unreasonably loud” if, considering the nature and purpose of the defendant’s conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. “Noise” does not include speech that is constitutionally protected.
1. “Loud sound” in a public place means sound which is loud enough to inhibit the ability of a not unduly sensitive person in the same place to speak freely without leaving the same place.
2. “Loud sound” in a private place means sound which is loud enough to awaken a not unduly sensitive person in another private place.
3. The inside and outside of buildings and separate residences within an apartment house, and separate rooms within a hotel, are different places.
C. The following sound or noise is not prohibited by this section:
1. Noise of safety signals, warning devices and emergency pressure relief valves when used for their warning or emergency purposes.
2. Noise produced by any authorized emergency vehicle when responding to an emergency call or when otherwise authorized by law or ordinance to activate its sirens or other warning devices.
3. Noises necessarily produced in the course of work required to protect persons or property from imminent peril.
4. Noise produced by any activity for which a permit has been issued pursuant to subsection (D) of this section.
D. Applications for a permit for relief from the application of this section to any activity on the basis of undue hardship may be made to the Mayor or his duly authorized representative. A nonrefundable application fee and a permit fee, as set forth in the City’s schedule of fees and charges for services, will be charged for the City’s processing of an application. Any permit granted by the Mayor under this subsection shall contain all conditions upon which such permit has been granted and shall specify a reasonable time that the permit shall be effective. The Mayor or duly authorized representative may grant the relief as applied for if he/she finds that:
1. Additional time is necessary for the applicant to alter or modify his activity or operation to comply with this section; or
2. The activity, operation or noise source will be of a temporary duration and cannot be done in a manner that would comply with other subsections of this section; and
3. No other reasonable alternative is available to the applicant.
4. However, the Mayor may prescribe any conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Ord. 18-26 § 2, 2018; Ord. 18-04 § 2, 2018)
8.04.100 Enforcement.
A. The City Mayor, Police Chief or designated representatives are authorized to enforce the provisions of this chapter.
B. Any person may file a complaint under this chapter with the Mayor or Police Chief and request enforcement of the alleged violation. (Ord. 18-26 § 2, 2018; Ord. 18-04 § 2, 2018)
8.04.110 Violations and penalties.
A. A person who violates any provision of this chapter shall be guilty of a minor offense, punishable by the fine listed in the fine schedule in NPMC 1.20.030 or if no fine is listed in the fine schedule then by a fine not to exceed $500 (five hundred dollars).
B. Each day the violation continues constitutes a new violation.
C. Fines for violations are separate from and in addition to all other remedies authorized by law or equity. (Ord. 18-26 § 2, 2018; Ord. 18-04 § 2, 2018)
8.04.120 Abatement – Notices – Costs – Fines.
A. The City may file a civil action in Superior Court to abate a nuisance and all costs and expenses of such abatement, removal, remediation or other remedy and full actual attorney fees and costs incurred by the City in any legal proceeding to abate the nuisance shall be paid by the persons or corporation committing, creating, keeping, maintaining or causing such nuisance or nuisances. (Ord. 18-26 § 2, 2018; Ord. 18-04 § 2, 2018)