Chapter 24
OFFENSES AND MISCELLANEOUS PROVISIONS1

Art. I.    In General, §§ 24-124-36

Art. II.    Noise Control and Regulation, §§ 24-3724-45

Art. III.    Off-Road Vehicles, §§ 24-4624-49

Art. IV.    Graffiti and Graffiti Abatement, §§ 24-5024-53

ARTICLE I. IN GENERAL

Sec. 24-1. Permit required to discharge firearms.

No person shall discharge any air gun, air pistol, rifle, fowling piece, pistol or any other firearms within the city without having first obtained a permit from the chief of police to do so, except when a person is discharging a firearm in the lawful defense of person or persons or property. (Code 1960, § 22-1; Ord. No. 3968, § 1, 6-25-90; Ord. No. 4619, § 1, 11-24-14)

Sec. 24-2. Aisles of churches, theaters, etc.; obstruction prohibited.

No person having charge or control of any theater, church or other building or tent at which an audience or congregation may be assembled shall permit any person to sit or stand in or otherwise obstruct or barricade the free and open passageway of any of the aisles in such building or tent. (Code 1960, § 22-2)

Sec. 24-3. Reserved.

Editor’s note – Ord. No. 4610, § 1, adopted August 11, 2014, repealed § 24-3, prohibiting throwing or tossing candy, prizes, toys or any material from a vehicle or participant in a parade, which derived from Ord. No. 3802, § 1, adopted December 23, 1985, and as amended by Ord. No. 3968, § 2, adopted June 25, 1990.

Sec. 24-4. Reserved.

Editor’s note – Ord. No. 3559, § 2, adopted Feb. 2, 1981, repealed § 24-4, prohibiting cheating at games of chance, derived from the 1960 Code, § 22-11.

Sec. 24-5. Reserved.

Editor’s note – Ord. No. 3968, § 10, adopted June 25, 1990, repealed former § 24-5, relative to permits for the use of explosives in the city, which derived from the 1960 Code, § 22-24.

Sec. 24-6. False alarms.

No person shall call for or summon any police or peace officer or fireman upon any false alarm of disorder, disturbance, fire or crime of whatsoever sort. (Code 1960, § 22-25; Ord. No. 3968, § 3, 6-25-90)

Sec. 24-7. Noncity emergency response vehicles within city limits – Notification required.

All noncity emergency response vehicles entering the city limits of the city of Lewiston pursuant to a code response, or operating within the city limits of the city of Lewiston pursuant to an anticipated code response of two blocks or more, shall be required to notify the city of Lewiston Police Dispatch Center upon entering the city of Lewiston or upon operating pursuant to a code response within the city and advise of the location and destination. (Ord. No. 4180, § 1, 1-27-97)

Editor’s note – Ord. No. 3968, § 10, adopted June 25, 1990, repealed former § 24-7, relative to permit requirements for the discharge of firearms, which derived from the 1960 Code, § 22-26.

Sec. 24-8. Fireworks – Definitions.

(a) As used in this section, these terms shall have the following meanings:

(1) Authority having jurisdiction means the Lewiston fire department.

(2) Fireworks means any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation. Fireworks include items classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term “fireworks” shall not include any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty-five hundredths (0.25) of a grain or less of explosive substance.

(3) Nonaerial common fireworks means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products.

(4) Permit means an authorization given by the authority having jurisdiction pursuant to section 24-9 of this code.

(5) Special fireworks means any fireworks designed primarily for display and classified as special fireworks by the United States Bureau of Explosives or designated as UN 0335 1.3G.

(b) No person in the city shall possess fire or discharge any fireworks other than nonaerial common fireworks. Nonaerial common fireworks may be possessed and discharged during the times that nonaerial common fireworks may be sold at retail, as provided in section 24-9 of this code; provided, however, that the fire marshal may permit the public display by responsible persons or organizations of fireworks of such character and in such location as in the fire marshal’s judgment shall not be hazardous to surrounding property or endanger personal safety as defined by Idaho Code, Section 39-2605.

(c) It shall be unlawful for any person, except in compliance with this section, to:

(1) Alter any fireworks;

(2) Throw any fireworks from, into, or at a moving vehicle or at any person;

(3) Sell or use any fireworks at any time not permitted under this chapter;

(4) Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the county commission or authority having jurisdiction; provided, that notice of such areas is given in advance.

(d) The parents, guardians or other persons having custody or control of a minor shall be liable for damage caused by the use of fireworks by the minor.

(e) A violation of subsection (c)(1) or (3) of this section shall constitute an infraction and shall be punishable by a fine of one hundred dollars ($100.00).

(f) Except as provided in subsection (e) of this section, any person using or possessing fireworks in violation of the provisions of this section or any rules issued hereunder is guilty of a misdemeanor punishable as provided in section 1-7 of this code. Possession and/or the use of fireworks prohibited by this section is hereby declared a public nuisance and a threat to public safety and any such fireworks may be confiscated by the Lewiston police department or the Lewiston fire department. (Ord. No. 4578, § 2, 5-14-12; Ord. No. 4644, § 3, 10-26-15)

Editor’s note – Ord. No. 4578, § 1, adopted May 14, 2012, repealed former § 24-8, relative to the use of fireworks within the city, which derived from the 1960 Code, § 22-27, and as amended by Ord. No. 3665, § 1, adopted August 9, 1982, Ord. No. 3747, § 1, adopted June 18, 1984, Ord. No. 4061, § 1, adopted February 8, 1993, and Ord. No. 4088, § 5, adopted November 22, 1993.

Sec. 24-9. Same – Sale prohibited, exception.

(a) No person shall sell, offer or expose for sale any fireworks as defined by Idaho Code, Section 39-2602. Nonaerial common fireworks may be sold at retail from June 28th to July 5th of each year, between the hours of 9:00 a.m. and 11:00 p.m. upon obtaining a city business license therefor pursuant to Chapter 21 of this code.

(b) It is unlawful for any person under the age of sixteen (16) years to purchase or possess any fireworks unless accompanied by or in the presence of their parent or legal guardian. It is unlawful for any permit holder, or agent or employee of a permit holder, to sell fireworks to any person who is under the age of sixteen (16) years unless accompanied by or in the presence of their parent or legal guardian. Only persons who are over the age of eighteen (18) years are permitted to sell fireworks or work in a fireworks stand. Verification of age of workers, sellers and purchasers of fireworks shall be by picture identification only and shall be the responsibility of the permit holder, agent or employee of a permit holder. Retail vendors of nonaerial fireworks shall post age restriction information as required by this section.

(c) Any person desiring to sell nonaerial common fireworks shall file an application for a city of Lewiston business license with the business license representative no later than June 1st.

(d) Any person desiring to present a public display shall file an application for a city of Lewiston business license with the business license representative at least thirty (30) days in advance of the proposed event.

(e) A violation of subsection (a) of this section shall constitute an infraction and shall be punishable by a fine of one hundred dollars ($100.00).

(f) Except as provided in subsection (e) of this section, any person found to be in violation of the provisions of this section or any rules issued hereunder is guilty of a misdemeanor punishable as provided in section 1-7 of this code. Possession of or offering to sell fireworks prohibited by this section is hereby declared a public nuisance and a threat to public safety and any such fireworks may be confiscated by the Lewiston police department or the Lewiston fire department. (Ord. No. 4578, § 4, 5-14-12; Ord. No. 4644, § 4, 10-26-15)

Editor’s note – Ord. No. 4578, § 3, adopted May 14, 2012, repealed former § 24-9, relative to the sale of fireworks, which derived from the 1960 Code, § 22-28, as amended by Ord. No. 3625, § 1, adopted February 8, 1982, Ord. No. 3968, § 4, adopted June 25, 1990, and Ord. No. 4061, § 2, adopted February 8, 1993.

Secs. 24-10, 24-11. Reserved.

Editor’s note – Sections 24-10 and 24-11, relative to gambling, derived from the 1960 Code, §§ 22-29, 22-30, were repealed by Ord. No. 3559, §§ 3, 4, adopted Feb. 2, 1981.

Sec. 24-12. Iceboxes – Doors, etc., to be removed when abandoned.

No person shall leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside, without first removing such door or lid from such icebox, refrigerator or container. (Code 1960, § 22-32; Ord. No. 2163, § 1)

Sec. 24-13. Reserved.

Editor’s note – Ord. No. 3968, § 10, adopted June 25, 1990, repealed former § 24-13, relative to the use of loudspeakers on vehicles, which derived from the 1960 Code, § 22-44.

Sec. 24-14. Reserved.

Editor’s note – Ord. No. 3968, § 10, adopted June 25, 1990, repealed former § 24-14, relative to meetings and unlawful assemblies, which derived from the 1960 Code, § 22-45.

Sec. 24-15. Monuments, stakes, etc. – Destruction, removal, etc., prohibited.

No person shall remove, change, destroy or in any manner interfere with any public or private survey monument, stake, post or peg without first obtaining permission from the director of public works. (Code 1960, § 22-46; Ord. No. 3968, § 5, 6-25-90)

Sec. 24-16. Reserved.

Editor’s note – Ord. No. 3968, § 10, adopted June 25, 1990, repealed former § 24-16, relative to playing of music in certain places after 1:00 a.m., which derived from the 1960 Code, § 22-49.

Sec. 24-17. Reserved.

Editor’s note – Ord. No. 3968, § 10, adopted June 25, 1990, repealed former § 24-17, relative to nude bathing, which derived from the 1960 Code, § 22-50.

Sec. 24-18. Destruction, defacing, etc., public notices.

No person shall willfully or carelessly tear down, destroy, deface or otherwise injure any notice of every description used by the city and its officers in their official capacity for giving information to the public. The provisions of this section do not apply to the city officers having charge of the posting of such notices. (Code 1960, § 22-57)

Sec. 24-19. Reserved.

Editor’s note – Section 24-19, prohibiting punchboards, chance spindles and chance prize games, and providing that conviction of a violation of the section would bar eligibility for a beer or liquor license, was repealed by Ord. No. 3559, § 5, enacted Feb. 2, 1981. Said section was derived from the 1960 Code, § 22-58.

Sec. 24-20. Reservoirs – Bathing prohibited.

No person shall wade or bathe in any public utility water storage reservoirs. (Code 1960, § 22-59; Ord. No. 3968, § 6, 6-25-90)

Sec. 24-21. Same – Pollution.

No person shall throw any rocks, timbers, trash, debris, animals or other unwholesome objects or substances into any of the reservoirs, swimming pools or other places where water is stored. (Code 1960, § 22-60; Ord. No. 3968, § 7, 6-25-90)

Sec. 24-22. Slingshots; use prohibited.

No person shall shoot, throw, sling, fling, hurl or cast any shot, bullet, lead slug, rock, stone, pebble or missile with or by the use of a slingshot, sling, flip or any instrument, by the use of which injury could be inflicted upon the person or property of any other person within the city. (Code 1960, § 22-63)

Secs. 24-2324-28. Reserved.

Editor’s note – Ord. No. 3968, § 10, adopted June 25, 1990, repealed former §§ 24-23 – 24-28, relative to various offenses, which derived from the 1960 Code, §§ 22-64 – 22-66, 22-71; and Ord. No. 3318, §§ 1, 2, adopted July 19, 1976.

Sec. 24-29. Loitering around school buildings, etc.

No person found loitering on school property in the city during the school year or any other time when student activity is in progress in any of said schools shall refuse to disperse or vacate such place when requested to do so by any police officer; provided, however, that this section shall not apply to enrolled students of the school, faculty members, school district employees, or other persons connected with or taking part in school activities. (Ord. No. 3318, § 5, 7-19-76; Ord. No. 3968, § 8, 6-25-90)

Secs. 24-3024-36. Reserved.

ARTICLE II. NOISE CONTROL AND REGULATION2

Sec. 24-37. Noise or excessive or unnecessary sound declared public nuisance.

The creation or maintenance of noise(s) or the creation or maintenance of excessive or unnecessary sound(s) within the limits of the city of Lewiston, Idaho, or that emanates from a location outside of the limits of the city of Lewiston, Idaho, be and the same hereby is declared to be a public nuisance. (Ord. No. 3560, § 1, 3-9-81)

Sec. 24-38. Noise or excessive or unnecessary sound prohibited.

(a) No person shall make any noise(s) or excessive or unnecessary sound(s) which disturbs, injures or endangers the comfort, convenience, repose, health, peace, safety and welfare of any other person or persons or of any residential neighborhood within the limits of the city of Lewiston.

(b) No person on the premises of a restaurant, bank, bar, tavern, theatre, business, public parking facility or other public or private property where parking or drive-in facilities are offered and extended to the public for their use shall unnecessarily do any of the following: Race the engine of any motor vehicle; bring to a sudden start or stop any motor vehicle; or commit any other act constituting a nuisance or disturbance on said premises whereby the quiet of the premises or the neighborhood is disturbed, or the health, peace, safety, comfort or convenience of any person is disturbed.

(c) The following acts are declared to be noise(s) and unreasonable, excessive and unnecessary sounds in violation of this article; however, this enumeration shall not be deemed exclusive:

(1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other motor vehicle except as a necessary signal required by the exigencies of vehicular or pedestrian traffic.

(2) Radios, phonographs, etc. The playing, using or operating of any radio, musical instrument, phonograph, television set, tape recorder or other machine or device for the producing or reproducing of sound in such a manner as to disturb the sleep, peace, convenience, comfort or repose of any other person. The operation of any such radio, musical instrument, phonograph, television set, tape recorder or other machine or device for the producing or reproducing of sound in such a manner as to be plainly audible to a law enforcement officer at a distance of fifty (50) feet from the building, room, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(3) Loudspeakers, amplifiers, etc. The use or operation of any loudspeaker or sound amplifier, either stationary or mobile, in such a manner as to project sound upon public streets, or other public property, or upon private property owned by someone other than the owner or operator of the loudspeaker or sound amplifier, except when such use or operation is authorized and permitted by the issuance of a written license and permit according to the requirements set forth in section 24-43(3) of this article.

(4) Steam whistles. The blowing of any steam whistle attached to any stationary boiler except as a warning of fire or danger or upon the request of proper city authorities.

(5) Exhausts. The discharge into the open air of any exhaust of any steam engine, stationary internal combustion engine, motor boat, automobile, motorcycle, bus, or other motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, except where such discharge is from vehicles used for participation in vehicle spectator sports activities between the hours of 8:00 a.m. and 9:00 p.m.

(6) Defect in vehicle or load. The use of any automobile, motorcycle, bus or other motor vehicle so out of repair, so loaded or in any otherwise unreasonable manner so as to disturb the sleep, peace, quiet, comfort or repose of any person or residential neighborhood.

(7) Loading, unloading, opening boxes. The loading or unloading of any motor vehicle or the opening, closing or destruction of bales, boxes, crates or containers, so as to disturb the sleep, peace, quiet, comfort or repose of any person or residential neighborhood.

(8) Construction or repair of buildings, streets, etc. The construction, excavation, demolition, alteration, destruction or repair of any building, property, building site, street, sidewalk, driveway, sewer or utility line between the hours of 9:00 p.m. and 7:00 a.m., except as provided in section 24-42 of this article.

(9) Schools, cemeteries, churches, hospitals. The creation of any noise on any street adjacent to any school, institution of learning, church, cemetery or funeral home, while the same is in use, or adjacent to any hospital, nursing home or other institution for the care of the sick or infirm, which interferes with the operation of the same or disturbs the sleep, peace, quiet, comfort or repose of any person.

(10) Pile drivers, hammers, machinery, etc. The operation between the hours of 9:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other construction equipment, machinery or tools.

(11) Blowers and compressors. The operation of any blower, power fan, internal combustion engine, electrical motor or compressor, the operation of which unreasonably disturbs the sleep, peace, quiet, comfort or repose of any person or residential neighborhood. (Ord. No. 3560, § 1, 3-9-81; Ord. No. 3968, § 9, 6-25-90; Ord. No. 4320, § 5, 6-23-03)

Sec. 24-39. Motor vehicle noise performance standards.

(a) Notwithstanding the provisions of section 24-40 herein, no person shall drive, move or operate or cause or knowingly permit to be driven or moved or operated any automobile, motorcycle, bus, truck or other motor vehicle, or combination thereof within the city limits of Lewiston, at any time in such a manner as to exceed the following noise limits for the category of motor vehicles shown below. The standard measurement height shall be not less than four (4) feet above the immediate surrounding surface and the measurement distance not less than twenty-five (25) feet. All sound measurements shall be made on a sound level meter in good working condition which meets ANSI (American National Standards Institute) specifications S1.4-1974 for Type I or Type II equipment. The manufacturer’s published indication of compliance with such specifications shall be prima facie evidence of compliance with this subsection.

Motor vehicles with a manufacturer’s gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of ten thousand (10,000) pounds or more, or any combination of vehicles towed by such motor vehicle

88 dbA

Motorcycles

80 dbA

Any other motor vehicles or any combination of vehicles towed by any motor vehicle

80 dbA

(b) This section shall apply to the total noise from a motor vehicle or combination of motor vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this article relating to motor vehicle mufflers for noise control. This section shall not apply to motor vehicles operating at speeds greater than thirty-five (35) miles per hour in a speed zone in which the posted speed limit is greater than thirty-five (35) miles per hour.

(c) No person shall operate, or cause to be operated, any automobile, bus, truck, motorcycle or other motor vehicle within the city limits of Lewiston unless the exhaust system of such motor vehicle is:

(1) Free from defects which affect sound reduction;

(2) Equipped with a properly functioning muffler or other noise dissipative device;

(3) Without any cut-out, bypass or similar devices in use.

(d) No person shall operate any automobile, bus, truck, motorcycle or other motor vehicle in such a manner as to cause, or allow to be emitted therefrom, any squealing, screeching or other such noise from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason, except that noise resulting from emergency braking to avoid imminent danger shall be exempt from this provision.

(e) Notwithstanding the provisions of other noise standards, it shall be unlawful for the operator of any vehicle driven upon a public or private street or right-of-way within the city to use, or employ the use of, a compression or “jake” brake. For the purpose of this section, a compression or “jake” brake shall mean any device mounted on or adjacent to the engine of the vehicle being driven which is not effectively muffled and which, when employed reduces engine speed and causes the vehicle to slow without the use of vehicle’s braking system. This section shall not apply to emergency driving situations requiring the use of all vehicle braking systems, including compression or “jake” brakes, when necessary to protect persons or property.

(f) Exceptions. Sounds created by any motor vehicle operated off public highways shall be subject to the sound levels of section 24-40 of this article. (Ord. No. 3560, § 1, 3-9-81; Ord. No. 4265, § 1, 11-27-00)

Sec. 24-40. Maximum permissible environmental noise and sound levels.

(a) No person shall cause or permit noise or sound(s) to intrude into the property of another person, which noise or sound(s) exceeds the maximum permissible noise levels set forth below in this section.

(b) The sound limitations established herein are as set forth in the following table after any applicable adjustments provided for herein are applied, which, when said sound limitations are exceeded, shall constitute excessive and unnecessary sound(s) and shall be violations in their own right, as well as being prima facie evidence of noise.

(c) No sound shall exceed any of the below-established zone limits by fifteen (15) dbA at any point in time.

(d) The sound shall not exceed any of the below-established zone limits by ten (10) dbA for a cumulative total of one (1) minute or more out of any ten-minute period.

(e) The sound shall not exceed any of the below-established zone limits by three (3) dbA continually for a period of five (5) minutes, or for a cumulative total of five (5) minutes or more out of any ten-minute period.

(f) Noise buffering measures shall be provided to mitigate the impacts of noise on receiving land uses. Decibel meter readings entering the land uses listed shall not exceed the listed maximum decibel levels except as allowed in this code:

Land Use Category

Maximum
Decibel
Levels

Residential – Multiple-family, dormitories, etc.

60

Transient lodging

65

School classrooms, libraries, churches

62

Hospitals, nursing homes

55

Auditoriums, concert halls, music shells

60

Sports arenas, outdoor spectator sports

70

Playgrounds, neighborhood parks

65

Golf courses, riding stables, water recreation, cemeteries

65

Office buildings – Personal, business and professional

70

Commercial – Retail, movie theaters, restaurants

70

Commercial – Wholesale, some retails, industry, manufacturing, utilities

75

Manufacturing, communication (noise-sensitive)

62

Livestock farming, animal breeding

70

Agriculture (except livestock), mining, fishing

80

Public rights-of-way

80

Extensive natural recreation areas

75

Land Use Category

Maximum Decibel Levels Permitted from 7 a m. until 10 p.m. of the Same Day

Maximum Decibel Levels Permitted from 10 p. m. until 7 a.m. of the Following Day

Residential –Single-family, duplex, mobile homes

60

50

(Ord. No. 3560, § 1, 3-9-81; Ord. No. 3919, § 1, 5-16-88; Ord. No. 3949, § 1, 5-30-89)

Sec. 24-41. Definitions and standards.

For the purposes of this article, the words used shall have their ordinary and usual usage, except that the words listed hereinbelow shall have the definitions given to them in this section:

A-weighted sound level is the sound level as measured in decibels with a sound level meter using the A-weighting network. The standard notation is dbA or DBA.

Decibel is a unit of measure of sound (see “sound pressure level”).

Emergency vehicle is a motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.

Motor vehicle is any vehicle which is self-propelled by mechanical power, including, but not limited to, passenger cars, trucks, truck-trailers, semitrailers, buses, campers, motorcycles, minibikes, go-carts, racing vehicles, motorboats and snowmobiles.

Muffler is an apparatus consisting of a series of chambers or baffle plates designed for the purpose of transmitting gases, which reduces sound emanating from such apparatus.

Noise is any sound(s) which:

(1) Is unwanted; or

(2) Is loud, discordant or disagreeable; or

(3) Causes or trends to cause an adverse physiological or psychological effect on human beings; or

(4) Endangers or injures the safety or health of humans or animals; or

(5) Annoys or disturbs a reasonable person of normal sensibilities; or

(6) Endangers or injures personal or real property; or

(7) Exceeds the maximum permissible environmental noise and sound levels as set forth in this article.

Property boundary means the surveyed line at ground surface which separates the real property owned, rented or leased by one (1) or more persons from that owned, rented or leased by one (1) or more other persons and its vertical extension.

Receiving land use means real property within which sound originating from a source outside the property is received.

Sound is mechanical energy transmitted by a cyclic series of compressions and rarefactions of molecules of the material or materials through which it passes.

Sound level meter is an instrument, including a microphone, amplifier, RMS detector and integrator or time averager, output meter and/or visual display and weighting networks, used to measure sound levels. The sound level meter shall conform as a minimum to the requirements of ANSI (American National Standards Institute) S1.4-1971, Type II, or its successor publication and to be set to an A-weighted response. An acoustical calibrator, accurate to within plus or minus one (1) decibel, shall be used to verify the before and after calibration of the sound level meter on each noise measurement taken.

Sound pressure is the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as provided by sound.

Sound pressure level is twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS (rote-mean-square) sound pressure to the reference pressure of twenty (20) micropascals. The sound pressure is denoted Lp or SPL. (Ord. No. 3560, § 1, 3-9-81; Ord. No. 3919, § 2, 5-16-88)

Sec. 24-42. Sound level variance permits.

(a) The amount of variance permit fees, when required by the provisions of this article, shall be set by resolution of the council.

(b) In cases of emergency or other urgent public necessity, the police department may issue a permit allowing the activities described in section 24-38(c) to take place at any hour. Emergency permits may not be issued for periods exceeding five (5) days, but may be renewed for successive periods not exceeding three (3) days each for so long as the emergency continues.

(c) If, after a consideration and evaluation of the location of the site, the potential nature of the sound(s) which would be generated on the site, the potential nature of the sound(s) from vehicular traffic to and from the site and the relative effect of such sounds upon the persons residing on property adjacent to the site, the chief of police determines that the sleep, peace, quiet, comfort or repose of such persons will not be disturbed, he may issue a permit allowing activities described in section 24-38(c)(9) to take place between such hours from 7:00 p.m. to 7:00 a.m., as he deems proper.

(d) If a variance is granted, the chief of police or his authorized representative shall prescribe such reasonable conditions or requirements as are necessary to minimize adverse effects upon the community, the surrounding neighborhood and persons residing upon property adjacent to the site. (Ord. No. 3560, § 1, 3-9-81)

Sec. 24-43. Exceptions.

If a person can establish, by a preponderance of the evidence, that one (1) or more of the following exceptions apply, then that person shall be excused from compliance with this article:

(1) The sound(s) or noise(s) was made by an authorized emergency vehicle when responding to an emergency call or acting in time of emergency.

(2) The sound(s) or noise(s) was made by the sounding of the horn of any vehicle as a danger warning signal, or by the sounding of any warning device as required by law.

(3) The sound(s) was made within the terms and conditions of a sound level variance granted by the chief of police or his authorized representative. A variance shall be granted after application is made if the chief of police finds that compliance will cause an undue hardship and further finds:

a. That additional time is necessary for the applicant to alter or modify his activities or operation to comply with this article; or

b. The activity, operation or sound source will be of temporary duration and, even with the application of the best available control technology, cannot be done in a manner that would comply with this article; and

c. That no other reasonable alternative is available to the applicant.

(4) The sound(s) or noise(s) emanate from residential property and was caused by a temporary project for the maintenance or repair of homes, grounds and appurtenances; provided, however, that this section shall apply only to sound(s) or noise(s) generated between the hours of 8:00 a.m. and 10:00 p.m.

(5) The sound(s) or noise(s) was created by the installation or repair of essential utility services.

(6) The sound(s) or noise(s) originate from officially sanctioned parades or other public events.

(7) The sound(s) or noise(s) are generated by any:

a. Interstate railways or engines or cars;

b. Airports or aircrafts.

(8) The sound(s) of temporary construction, excavation or demolition activity as a result of construction equipment, including special construction vehicles, and emanating from temporary construction sites; and where said construction, excavation or demolition activity is conducted pursuant to a valid building or demolition permit; and which activity is conducted during the hours of 7:00 a.m. to 9:00 p.m.

(9) Sound(s) caused by natural phenomena.

(10) Sound(s) created by the discharge of firearms in the course of lawful hunting activities.

(11) Sound(s) created by safety and protective devices, where noise suppression would defeat the intent of the device or is not economically feasible.

(12) Sound(s) created by fire alarms and warning devices, bells, chimes and carillons not operating continuously for more than five (5) minutes.

(13) Sound(s) created by equipment used for highway and street maintenance.

(14) Sound(s) created by emergency equipment and work necessary in the interest of law enforcement or for the health, safety or welfare of the community.

(15) Sound(s) created by blasting.

(16) Sound(s) created by motor vehicles when regulated by section 24-39 of this code.

(17) Sound(s) from existing industrial installations which exceed the standards contained in these regulations which, over the previous three (3) years, have consistently operated in excess of fifteen (15) hours per day as a consequence of process necessity and/or demonstrated routine normal operation. (Ord. No. 3560, § 1, 3-9-81; Ord. No. 3919, § 3, 5-16-88)

Sec. 24-44. Reserved.

Editor’s note – Ord. No. 3968, § 10, adopted June 25, 1990, repealed former § 24-44, relative to violation of the article, which derived from Ord. No. 3560, § 1, adopted March 9, 1981.

Sec. 24-45. Construction and severability.

(a) This article shall be liberally construed to carry out its broad purposes.

(b) If any provision of this article or its application to any person or circumstances is held invalid, the remainder of the article or the application of the provision to other persons or circumstances is not affected. (Ord. No. 3560, § 1, 3-9-81)

ARTICLE III. OFF-ROAD VEHICLES

Sec. 24-46. Off-road vehicles prohibited.

(a) Definitions.

(1) As used in this section a motor vehicle shall mean every device in, upon, or by which any person may be transported and is propelled by the use of a motor or engine of any nature. This definition is meant to specifically include all cars, automobiles, trucks, pick-up trucks, motorcycles, motor scooters, or similar devices, whether or not the same is registered for use on a public highway.

(2) As used in this section unimproved land shall mean any real property not subdivided and platted with the Nez Perce County recorder’s office and not dedicated as a public right-of-way.

(b) Prohibition. It shall be unlawful for a person to drive, ride or operate any motor vehicle on any unimproved land in Sections 12 and 13, Range 6 West, Township 35 North, Boise Meridian. The intent of this article is to prohibit the operation of vehicles on unimproved lands south of 23rd Avenue, west of Mayfair Drive and the Lewiston-Nez County Airport, north of the southern boundary of Section 13 above described, and east of the Snake River. A violation of this section shall be punishable as provided in section 1-7 of this code.

(c) Exceptions. Police, emergency and utility vehicles operating within utility easements and construction and maintenance vehicles operating with the permission of the landowner shall be exempt from the provisions of this section. (Ord. No. 3965, § 1, 6-4-90)

Secs. 24-4724-49. Reserved.

ARTICLE IV. GRAFFITI AND GRAFFITI ABATEMENT

Sec. 24-50. Graffiti declared a nuisance and unlawful.

It is hereby declared to be a nuisance, a threat to public health, safety and welfare and to be unlawful for any person to place or put, by any means, any drawing, inscription, figure, writing, symbol or mark of any type commonly known as graffiti on any public or private property without the consent or permission of the owner or leaseholder of the premises. (Ord. No. 4135, § 1, 11-6-95)

Sec. 24-51. Definition of graffiti, abatement.

As used in sections 24-50 through 24-55 of this code, the word graffiti shall mean the marking, defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye or other similar substances on public or private buildings, structures, fences, rocks, trees or any other surface capable of displaying words, symbols, pictures or marks, when said marking, defacing, damaging or destroying is done without the consent of the owner of person in charge of said property. Graffiti abatement shall mean the removal or the painting over of the graffiti so that said graffiti is not visible. (Ord. No. 4135, § 1, 11-6-95)

Sec. 24-52. Graffiti abatement.

Whenever a city police officer discovers graffiti on any public or private property or any surfaces visible to the public, the chief of police or designee may attempt to obtain abatement of said graffiti by the person or person causing the graffiti. In the event the person causing the graffiti cannot be located the chief of police or designee shall notify the property owner and make arrangements for the removal of the graffiti. (Ord. No. 4135, § 1, 11-6-95)

Sec. 24-53. Person defacing property with graffiti responsible for cost of abatement.

In the event a person is convicted of any crime which involves the defacing of property with graffiti, said person shall be responsible for the cost of abatement of the graffiti, or, if abatement has already occurred, said person shall be responsible for reimbursing the property owner or the city for the cost of abatement of the graffiti. (Ord. No. 4135, § 1, 11-6-95)


1

Cross reference – Temporary advertising, in the form of signs or merchandise, declared a nuisance, § 31-74(a).


2

Cross references – Use of loudspeakers on vehicles, § 24-13; creation of excessive noise in operation of vehicle, § 24-28.