Chapter 8.15
NUISANCES

Sections:

8.15.010    Definition.

8.15.020    Nuisances prohibited.

8.15.030    Excessive noise prohibited.

8.15.040    Order to abate – Abatement by city.

8.15.050    Penalty.

Cross-reference: Garbage collection regulations, see Chapter 8.05 AMC. Removal of weeds and rank vegetation, see Chapter 8.25 AMC.

8.15.010 Definition.

The following are declared to be nuisances:

(A) Any act done or committed, or suffered to be done or committed, by any person, or any substance or thing kept, maintained, placed or found in or upon any public or private place within this city which is injurious or dangerous to the public health;

(B) All pursuits followed or acts done within this city by any person to the hurt, injury, annoyance, inconvenience or damage of the public;

(C) All buildings, bridges or other structures of whatever character kept or maintained, or which are permitted by any person owning or having control of the same to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public within this city;

(D) All obstructions caused or permitted on any street or sidewalk or public or private alley to the danger or annoyance or inconvenience of the public, and all stones, dirt, carcasses, offal, filth, slops, vegetable matter or other articles thrown or placed, by any person on or in any street, alley, sidewalk or other public place which in any way may cause or is liable to cause an injury or inconvenience or annoyance to the public within this city;

(E) Any animal or vegetable matter, or other substance liable to become putrid, offensive or unhealthy, or any growth of weeds suffered to exist in or upon any lot, house, building or enclosure within this city;

(F) Any pond or pool of stagnant water within this city and all foul or dirty water or liquid when discharged through any drain pipe or spout or thrown into or upon the street, alley, thoroughfare or lot within this city to the injury and annoyance of the public;

(G) Any cellar, vault, private drain, pool, privy, sewer or sink suffered to become nauseous, foul, offensive or injurious to the public health. [Code 2000 § 94.01; Code 1981 § 8.16.010.]

8.15.020 Nuisances prohibited.

No person shall erect or continue and maintain any public nuisance to the injury of any persons residing in the city. [Code 2000 § 94.02; Code 1981 § 8.16.020.]

Penalty: See Chapter 1.15 AMC.

8.15.030 Excessive noise prohibited.

(A) Excessive Noise Prohibited. No person shall make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof, unless for the protection or preservation of property or of the health, safety, life or limb of some person.

(B) Electronic Devices or Musical Instruments. No person shall operate or play any radio, television, phonograph or any musical instrument or sound amplifier or public address system in such manner or with such volume at any time so as to disturb the comfort, quiet or repose of persons in the vicinity.

(C) Near Schools, Courts, Hospitals and the Like. No person shall create any excessive noise within 150 feet of the grounds or premises of, or on any street adjacent to, any school, court, hospital or similar institution, which unreasonably interferes with the operation of such institution. [Code 2000 § 94.03; Code 1981 §§ 9.28.010 – 9.28.030.]

Penalty: See Chapter 1.15 AMC.

8.15.040 Order to abate – Abatement by city.

(A) When the Chief of Police or any health officer becomes aware of the existence of any nuisance, he or she shall order the person creating such nuisance, or the owner or the person having control thereof, to abate the same within 10 days thereafter.

(B) The Mayor shall have power to order the Chief of Police to abate any nuisance; and when so ordered, the Chief of Police shall enter and abate such nuisance at the cost of the owner or author or person controlling the same; the cost to be recovered by an action in the name of the city. [Code 2000 § 94.04; Code 1981 § 8.16.030.]

8.15.050 Penalty.

Whoever shall violate any provision of this chapter for which no other penalty is set forth shall be subject to the penalty provision set forth in Chapter 1.15 AMC. Each day that a violation continues shall constitute a separate offense. [Ord. 1008-2000. Code 2000 § 94.99.]