Chapter 8.20
NUISANCES
Sections:
8.20.010 Persistent noise – Declared nuisance – Abatement.
8.20.020 General noise regulations.
8.20.025 Construction activity – Noise – Prohibited hours.
8.20.030 Businesses offensive to senses prohibited.
8.20.040 Offensive premises prohibited.
8.20.050 Filth or rubbish on premises or in waterways prohibited.
8.20.010 Persistent noise – Declared nuisance – Abatement.
A. The persistent maintenance and emission of any noise or sound produced by human, animal, electrical, radio or mechanical means between the hours of 10:00 p.m., and 7:00 a.m., next ensuing, which by reason of its raucous or nerve-racking nature, disturbs the peace, quiet or comfort, or is injurious to the health of any person, constitutes a public nuisance.
B. Whenever the existence of any such nuisance comes to the attention of the Chief of Police, it shall be the Chief’s duty to notify in writing the occupant of the premises upon which said nuisance exists, specifying the measures necessary to abate such nuisance, and unless the same is abated within 48 hours thereafter the occupants so notified shall be guilty of a violation of this chapter and the Chief of Police shall summarily abate such nuisance.
8.20.020 General noise regulations.
A. It is unlawful for any person, firm or corporation to use or operate or cause to be used or operated any mechanical device, machine, apparatus or instrument for intensification or amplification of the human voice or any sound or noise, in any public or private place in such a manner that the peace and good order of the neighborhood is disturbed, or that persons owning, using or occupying the property in the neighborhood are disturbed or annoyed, unless the amplification or intensification has been previously approved through an established permit process.
B. Notwithstanding any other provisions of this code, and in addition thereto, it is unlawful for any person willfully to make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area.
C. In enforcing subsections (A) and (B) of this section, the standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
1. The volume of the noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The volume and intensity of the background noise, if any;
6. The proximity of the noise to residences;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates;
9. The time at which the noise occurs;
10. The duration of the noise;
11. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 594 § 2, 2003; Ord. 569 § 1, 2000).
8.20.025 Construction activity – Noise – Prohibited hours.
A. It shall be unlawful for professional construction activity to occur on Sunday or between 7:00 p.m. and 7:00 a.m., any time during the week.
B. For the purpose of this chapter “professional construction activity” shall mean construction by any person other than:
1. An individual homeowner working on that person’s primary residence;
2. A public utility in response to an emergency situation; or
3. City public works crew in response to an emergency situation or scheduled maintenance.
8.20.030 Businesses offensive to senses prohibited.
It is unlawful for any person to establish, maintain or carry on any business or occupation which is offensive to the senses or prejudicial to the health of the public or comfort of the inhabitants of the City, except as otherwise provided by law.
8.20.040 Offensive premises prohibited.
It is unlawful for any person within the limits of the City to own or keep or conduct upon premises under that person’s control: (1) any slaughterhouse or place where animals are killed; or (2) place where animals or meats are sold after being killed; or (3) place where hogs or other animals are kept or may have been kept; or (4) privy vault, cesspool, or drainage, so that such slaughterhouse or any such place, or privy vault, cesspool or drainage accumulates filth or excrement or any deleterious substance to such degree as to become offensive to the senses, or injurious to the health, or so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons or by an entire neighborhood.
8.20.050 Filth or rubbish on premises or in waterways prohibited.
It is unlawful for any person to permit or allow any slop, garbage, offal, filth, or any thing that emits a smell which is offensive to the senses to be or remain upon that person’s premises, or premises under control of such person. It is unlawful for any person to deposit any ashes, filth, offal, rocks, sticks, wood, manure, or other thing in any creek or conduit within the City or running through the City, so as to prevent the flow of water therein or in or upon the premises of another within the City without permission of the person in control of said premises.