Division IV. Provisions Applying in All or Several Districts
Chapter 17.28
GENERAL SITE REGULATIONS AND STANDARDS FOR SPECIFIC USES
Sections:
17.28.010 Timeshare and Fractional Interest Uses.
17.28.020 Noise from Electrical and Mechanical Equipment.
17.28.030 Regulations Incorporated from Other Titles.
17.28.040 Advertising of Unpermitted Transient Rentals.
17.28.010 Timeshare and Fractional Interest Uses.
A. Timeshare uses and fractional interest uses are prohibited uses within all of the zoning districts within the City.
B. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of this section is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.16 CMC (General Penalty).
C. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of this section is subject to administrative fines and/or penalties as set forth in Chapter 18.04 CMC (Municipal Code and Ordinance Enforcement).
D. Each day a violation of this section occurs shall constitute a separate offense, and the remedies under this section are cumulative and in addition to any and all other remedies available at law and equity. (Ord. 2022-07 § 2(2), 2023; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.28.020 Noise from Electrical and Mechanical Equipment.
The fixed installation of any electrical or mechanical equipment such as generators for electrical power, pumps for hot tubs, swimming pools, fountains or wells, heating or air conditioning systems and similar equipment shall be located, shrouded, muffled or otherwise treated to control noise to protect the use and enjoyment of neighboring properties and the public. All such installations shall be limited to a noise emission standard of 60 db or three db above ambient whichever is greater, as measured at the property boundary. Use of electrical power generators shall be limited to periods when electrical power from the utility is not available. During such periods generators should be run intermittently to the extent practical to minimize the disturbance of neighbors. Excessive noise from such installations shall be treated as a Class D noise per Chapter 8.56 CMC. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.28.030 Regulations Incorporated from Other Titles.
A. Climbing Trees. It is unlawful to climb any tree in those portions of public property designated as beach lands, Devendorf Park, and the center islands of any street, in such a manner as to injure, impair or damage the tree.
B. Littering or Depositing of Glass, Metal, Debris, Pine Needles/Tree Debris Compostable Refuse, and Other Refuse or Wastes. It is unlawful, without a City permit, to throw, deposit, sweep, leave or otherwise discard upon any public street, right-of-way, park, beach or other public property anywhere within the City bottles, cans, glass, metal, plastic, petroleum substance, paint, paper, dirt, rubbish, waste articles or any other similar waste thing or substance whatsoever, whether liquid or solid, unless the deposit is made into a container specifically provided for that purpose. A fee for the scheduled pickup of pine needles/tree debris compostable refuse not exceeding one cubic yard per load, per week, shall be established by resolution of the City Council which may be amended from time to time.
C. Picnicking and Camping. It is unlawful to picnic, camp, place tables, place chairs, eat, hang out things to dry, or do any other act connected with human habitation, on any public right-of-way, sidewalk area or in any parking area. This prohibition shall not prohibit the eating of food items customarily purchased for the purpose of eating while walking on the sidewalk, such as ice cream cones, and other hand-held, ready-to-eat items sold for consumption off the premises, and obtained and consumed incidental to walking or some other legal activity. It shall apply to eating when the eating is the primary activity. This prohibition does not prohibit the taking of picnic supplies and equipment from parked vehicles to the beach or other areas specifically designated for eating or picnicking.
D. Camping on Public Lands. It is unlawful for any person to camp, or to place, erect, or maintain any tents, house trailers, mobile homes, campers, or any other camping facilities of any kind whatsoever on any public property of this City. It is unlawful for any person to sleep out-of-doors on any public property, including City parks and beachlands, between the hours of sunset and sunrise.
E. Burying Garbage or Waste.
1. It is unlawful for any person to bury waste or other discarded, used or leftover substance in any alley, street, road, highway, public park or other public property or a public place in the City, or upon the beach owned by the City, except waste deposited on City property in connection with authorized municipal fill operations.
2. It is unlawful for any person to bury any garbage, refuse, rubbish, waste or any other discarded, used or leftover substance in any private property in the City without the consent of the owner thereof or after being notified by the proper authority of the City that such practice is a menace to public health. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.28.040 Advertising of Unpermitted Transient Rentals.
A. No responsible party shall post, publish, circulate, broadcast or maintain any advertisement of an unpermitted transient rental.
B. For purposes of this section the following words and phrases shall have the meanings respectively ascribed to them by this section.
1. “Advertisement” means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application, any form of television or radio broadcast or any other form of communication whose primary purpose is to propose a commercial transaction.
2. “Responsible party” means any property owner or tenant, or any agent or representative thereof, who causes or permits any violation of this code. To cause or permit includes failure to correct after receiving notice from the City of the violation. A responsible party does not include online hosting platforms/companies.
3. “Transient” is a period of time less than 30 consecutive days as defined in CMC 17.70.020.
C. Each day that an advertisement is posted, published, circulated, broadcast or maintained by a responsible party in violation of this section is a separate offense. (Ord. 2019-03 § 1 (Exh. A), 2020).