Chapter 8.20


8.20.010    Nuisance defined.

8.20.020    Scope of provisions.

8.20.030    Noise.

8.20.040    Smoke and soot.

8.20.050    Dumping in streams.

8.20.060    Stagnant water.

8.20.070    Dismantling or repair of motor vehicles.

8.20.010 Nuisance defined.

Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, or as to interfere with the comfortable or safe enjoyment of life or property of the community, or any portion thereof, or neighborhood therein, is a public nuisance. (Ord. 392 §1, 1963)

8.20.020 Scope of provisions.

Certain specified actions or things mentioned in this chapter are declared nuisances. The enumeration thereof shall not be deemed exclusive, but merely illustrative, it being the intent and purpose of this chapter to include as nuisances, all actions or things of the character described in Section 8.20.010 of this chapter. (Ord. 392 §2, 1963)

8.20.030 Noise.

A.    Unnecessary Noises. It is unlawful for any person to disturb the peace, quiet and comfort of the community, or any portion thereof, or neighborhood therein, by creating or causing to be created any unreasonably loud or disturbing unnecessary noises in the city.

B.    Persistent Noises. It is unlawful for any person in the city to cause, suffer, permit or allow the repeated or persistent emission of any noise or sound produced by any such person, or by any animal or fowl, or any mechanical means, within his possession, ownership or control, which by reason of its raucous nature disturbs the peace and quiet of any person or persons in the city.

C.    Whenever the existence of any such nuisance comes to the attention of the chief of police, it shall be his duty to notify in writing the occupant of the premises upon which such nuisance exists, specifying the measures necessary to abate such nuisance and unless the same is abated within forty-eight hours thereafter, the chief of police shall summarily abate such nuisance.

D.    The provisions of this section shall not apply to the playing of music by a band or the blowing of a bugle, or the announcing of any show, entertainment, or event upon the public streets for which permission has been duly granted; or to any regularly licensed peddler calling his wares in an ordinary tone of voice, or ringing a bell or blowing a horn or moderate size in front of the residence of any customer; or to any public celebration or public function on a public holiday or other public occasion generally celebrated. (Ord. 392 §§3--5, 1963)

8.20.040 Smoke and soot.

It is unlawful for any person to cause, suffer or allow dense smoke to be discharged from any building, place, premises, stationary or locomotive engine or motor vehicle within the city, or to cause, suffer or allow soot, ashes or cinders to be discharged from any such facility to such an extent that such soot, ashes or cinders are blown upon adjacent property. (Ord. 392 §6, 1963)

8.20.050 Dumping in streams.

It is unlawful for any person to dump any junk, refuse, garbage, dirt or any other material in any stream, creek, watercourse or streambed, or within the banks of the same, or in the waters of Clear Lake, in the city, without written permission to do so from the director of public works. (Ord. 392 §7, 1963)

8.20.060 Stagnant water.

A.    It is unlawful for any person to maintain any cesspool, waterholes, unsealed water tanks, or other structure or condition upon any premises owned, leased or used by him within the city, having a tendency to breed, promote, invite or maintain mosquitoes and the same is declared to be a public nuisance.

B.    It is the duty of the chief of police to investigate all premises and to notify any such person maintaining such nuisance to abate the same within ten days and on failure of compliance to summarily abate the same. (Ord. 392 §8, 1963)

8.20.070 Dismantling or repair of motor vehicles.

A.    It is unlawful for any person to repair or dismantle in the open in any residential district of the city, any automobile, boat, or other vehicle or conveyance without having first obtained a permit to do so.

B.    Application for a permit shall be made to the police department on forms provided for such purpose. Applicant shall furnish all of the following information:

1.    Name and address of applicant;

2.    Address at which proposed work is to be done; 3. Written consent of owner of premises if other than applicant;

4.    Description of conveyance to be dismantled or repaired and a statement of work to be done;

5.    Estimated time necessary to complete the work; and

6.    Such other information as may be required by the department.

C.    All applications shall be referred to the fire chief for review prior to the granting of any permit. Where such work can be done without creating a police problem or a fire hazard, a permit shall be granted for the doing of the work described in the application.

D.    The permit so granted shall specify the time period in which the work shall be accomplished, which time period shall not be more than fifteen days. Work shall be completed within the time limit specified, or any extension granted for reasonable cause shown.

E.    Upon completion of the work authorized, applicant shall clear the work site of all debris, oil, grease, gasoline, paints, lacquer, or other combustible material, and leave it in such a condition that no hazard to persons or property shall remain.

F.    Applicants for dismantling or repair permits shall be required, as a condition to the granting of the permit, to authorize the police department to remove and store at owner’s expense, and conveyance and/or parts thereof where dismantling or repair is not completed within the time granted therefor.

G.    The term “repair,” as used in this chapter, shall not include minor adjustments or the replacement of parts where such adjustments or replacement may reasonably be expected to be accomplished within a seventy-two-hour period. No permit shall be required for such minor adjustments or replacement. (Ord. 392 §9, 1963)