IV.   OFFENSES AGAINST PUBLIC PEACE

Chapter 9.28
OFFENSES AGAINST PUBLIC PEACE

Sections:

9.28.010    Intoxicating liquor--Drinking or possession of open containers in public places prohibited.

9.28.020    Injuring public property, creating a nuisance or loitering deemed unlawful.

9.28.030    Public nuisance noises.

9.28.010 Intoxicating liquor--Drinking or possession of open containers in public places prohibited.

It is unlawful for any person within the city to consume any alcoholic beverage or possess any open container of alcoholic beverage upon any public street, sidewalk, highway, road, alley or any park open to the public, whether public or private, or at any public dance or place open to the public where the sale of intoxicating liquor is not licensed. (Ord. 258 §1, 1982: Ord. 166 §2, 1975: Ord. 5 §2, 1947).

9.28.020 Injuring public property, creating a nuisance or loitering deemed unlawful.

It is unlawful for any person to mark, injure or deface any part of any public building or other public property, or to commit any nuisance within the city, or to loiter in any public place or street in the city between twelve o’clock midnight and four o’clock a.m. of the following day. (Ord. 166 §3, 1975: Ord. 5 §3, 1947).

9.28.030 Public nuisance noises.

A.    General Prohibitions Against Loud Noises:

1.    The making or continuing, or causing to be made and continued, within the limits of the city, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood, or which causes discomfort or annoyance to reasonable persons of normal sensitivities residing in the area, shall be unlawful and considered a nuisance.

2.    A violation of this section shall be determined by applying and considering the following objective standards:

a.    Any applicable noise standards adopted by the city including the provisions of this section;

b.    Whether the activity causing the noise is allowed by special permit and whether the permit addresses potential noise issues;

c.    The proximity of the noise and noise-causing activity to a zone of quiet pursuant to subsection D of this section;

d.    The level of the noise compared to the level of the ambient noise;

e.    Whether the origin of the noise is natural or unnatural;

f.    The day of the week and time of day or night;

g.    The number of persons affected by the noise;

h.    The duration of the noise;

i.    Whether the noise is recurrent, intermittent, or constant; and

j.    Any other factors relevant to the determination.

3.    In addition to the remedies provided for in chapter 1.10, a noise nuisance may be abated by the city by all reasonable means including, but not limited to, an order requiring that the noise cease. The person(s) responsible for making the noise, or having direct control over the premises where the noise is emanating, is subject to citation and/or arrest.

B.    Loud Noises and Related Activities During Specified Hours:

1.    It shall be unlawful for any person to make, or cause or suffer or permit to be made or caused, on any premises owned or occupied by him/her, between the hours of eleven o’clock (11:00) P.M. and seven o’clock (7:00) A.M. on any Friday or Saturday, or between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. of any other day, any sporting, business, or social event, race, or other activity in such manner as to disturb the peace and quiet of any neighborhood. This subsection shall not apply to any public celebration, public holiday, or public occasion generally celebrated by the city’s residents, or public parades held under authorized permits, any sporting event or activity conducted under the direction and supervision of any public or private school, or activities relating to the provision of public safety and public utility services.

C.    Sound Amplifying Equipment:

1.    Definitions: "Sound amplifying equipment," as used in this section, means any machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" does not include any such equipment when used in a normal and reasonable manner in residences, dwellings, and other buildings, any use of such equipment out-of-doors at a low or reasonable volume in comparison to the volume of the ambient noise and the volume of noise reasonably expected for the area, standard automobile radios when used and intended to be heard only by occupants of the vehicle in which such equipment is installed, warning devices on authorized emergency vehicles, or horns or other warning devices on nonemergency vehicles used only for traffic safety purposes.

2.    Permit Required: Except as provided in subsection C5 of this section, it shall be unlawful for any person to use or operate or cause the use or operation of any sound amplifying equipment out-of-doors, or indoors when used or operated in such a manner where the sound or noise escapes or emanates therefrom, without first obtaining a written permit from the chief of police. A permit shall be issued only after payment of the permit fee set forth on the schedule of fees established by resolution of the city council. The chief of police shall approve the permit unless denial of the permit is found appropriate based on the following factors:

a.    The applicant has been convicted of a crime related to disturbance of the peace within the past three (3) years or has been found civilly liable for the creation of a public or private nuisance by means of unreasonably loud or disturbing noise.

b.    The applicant has knowingly made false statements in the permit application.

c.    The permit requested is for a location or time at which sound amplifying equipment is prohibited by subsection C4 of this section or is for a location within a zone of quiet established pursuant to subsection H of this section.

A notice of denial of a permit must contain a statement of the facts upon which the denial is based and a statement of the appeal procedure contained in subsection C3 of this section.

3.    Appeal of Permit Denial: Any applicant who has a permit for use of a sound amplifying device denied shall have the right to appeal the denial to the city manager. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten (10) days of the date of the chief of police’s decision. A failure to file a timely appeal shall render the chief of police’s decision final. The city manager shall set a time and place for a hearing on the appeal within five (5) days of the filing of the appeal. The city manager shall make a written determination on the appeal within ten (10) days of the hearing and a copy of such determination shall be sent to the applicant. The decision of the city manager shall be final and conclusive.

4.    Restrictions on Permitted Uses: The use or operation of sound amplifying equipment for which a permit is issued shall be subject to the following limitations and regulations:

a.    The volume of the sound from sound amplifying equipment shall be controlled so that the volume is not unreasonably loud, raucous, disturbing, or a nuisance to persons within the area.

b.    Sound amplifying equipment shall not be used or operated out-of-doors, or indoors when used or operated in such a manner where the sound or noise escapes or emanates therefrom, except between the hours of nine-thirty (9:30) A.M. and ten o’clock (10:00) P.M.

c.    Sound amplifying equipment shall not be used or operated in areas of the city which are designated as residential districts by the zoning ordinance of the city between the hours of ten o’clock (10:00) P.M. and eight o’clock (8:00) A.M.

d.    Sound amplifying equipment shall not be used or operated within five hundred feet (500') of any city building, within which city government operations are conducted, during the hours of nine o’clock (9:00) A.M and five o’clock (5:00) P.M., within five hundred feet (500') of City Hall when the city council is in session, or five hundred feet (500') of the Greenfield municipal court when court is in session.

e.    Sound amplifying equipment shall not be used at any location where such use or operations would impede the flow of pedestrian or vehicular traffic to such an extent that it would be reasonably expected to create risk to public safety.

5.    Public Service Establishments--Use of Sound Amplifying Equipment: Subsections C2 and C4c of this section shall not apply to the use or operation of sound amplifying equipment by a hospital, church, or educational institution on property owned or controlled by said establishment.

D.    Construction Activities: Unless otherwise provided by permit, construction activities shall only be permitted between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M. Monday through Friday and between nine o’clock (9:00) A.M. and five o’clock (5:00) P.M. on Saturday and Sunday. Extended construction work hours must at all times be in strict compliance with the applicable permit.

E.    Animals: No person shall keep, maintain or harbor, or cause or permit to be kept, maintained or harbored, upon any premises within the city any animal which creates excessive noise which disturbs the peace and quiet of the neighborhood, or which causes discomfort or annoyance to reasonable persons of normal sensitivities residing in the area.

F.    Noisy Advertising: No person shall, without a permit issued by proper authority, in or upon any public street, doorway, stairway, window, or public place in the city, blow any bugle, horn, or trumpet, or beat any drum, or ring any bell, or play music or drive any animal or vehicle to which is attached any bell or gong which rings or sounds when such animal or vehicle is in motion, or make any other loud or unusual noise for the purpose of, or with the intention of, advertising, proclaiming, publishing, announcing, or calling attention to any business, calling, occupation, firm, dealer, amusement, show, exhibition, event, prize fight, boxing contest, goods, wares, merchandise, or other property.

G.    Loud and Raucous Noises from Vehicles: It shall be unlawful for any person to play or use, for any purpose whatsoever, any sound amplifying device, radio, phonograph with a loudspeaker or sound amplifier, or any other similar instrument, that is attached to and upon any vehicle operated or parked upon any public street, alley, thoroughfare, or public place, in such a manner as to create unreasonably loud, raucous, jarring, or disturbing noises.

H.    Zones of Quiet Established: "Zones of quiet" as used in this section are the areas adjacent to hospitals, institutions reserved for the sick or mentally ill, churches, schools, and other educational institutions. It shall be unlawful to use or operate or cause the use or operation of any sound amplifying equipment in a zone of quiet or to otherwise make any noise in a zone of quiet which unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys occupants in said institutions.

I.    Noise Standards: Notwithstanding anything to the contrary in this section, all activities must comply with the city’s noise standards set forth in section 17.60.030, unless expressly exempted under subsection 17.60.030H. Any violation of the city’s noise standards as provided in Title 17 shall be considered a nuisance except where a special permit allows for exceeding those standards on a temporary basis. (Ord. 548-1 §1(Exh. A), 2020).