Chapter 8.04 NUISANCES

Except where the context indicates otherwise, the singular includes the plural and the masculine gender includes the feminine, and the following terms are defined as follows:

"City" means the city of Phoenix and its agents or employees.

"Council" or "city council" means the governing body of the city of Phoenix, OR.

"Person" means a natural person, firm, partnership, association or corporation, whether acting for themselves or as clerk, servant, employee or agent of another.

"Person in charge of property" means an agent, occupant, lessee, contract purchaser or person, other than the owner, having possession of or control of the property.

"Public place" means a building, way, place or accommodation, whether publicly or privately owned, open and available to the general public.

(Ord. 709 § 1, 1992)

Article II. ANIMALS AND FOWL

8.04.020 Communicable disease.

No person may permit an animal or bird owned or controlled by them to be at large within the city.

(Ord. 709 § 2, 1992)

8.04.030 Dangerous animals and animals at large.

No person in charge or owner may permit an animal that is dangerous to public health or safety to run at large or be exposed to the public in the city as set forth in the city.

(Ord. 709 § 3, 1992)

8.04.040 Livestock and poultry.

No person may maintain a pigsty, slaughterhouse or tannery within the city. Livestock, poultry or other animals or fowls running at large in the city shall be taken up and impounded by the city and disposed of in accordance with the procedure provided by ordinance for the disposition of abandoned property.

(Ord. 709 § 4, 1992)

8.04.050 Removal of carcasses.

No person may permit any fowl or animal carcass owned by them or under their control to remain upon the public streets or places, or to be exposed on private property for a period of time longer than is reasonable necessary to remove or dispose of such carcass.

(Ord. 709 § 5, 1992)

Article III. NUISANCES AFFECTING PUBLIC HEALTH

8.04.060 Nuisances affecting the public health.

No person shall cause or permit a nuisance affecting public health on property owned or controlled by them. The following are nuisances affecting the public health:

A. Privies. An open vault or privy constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with the Oregon Health Division regulations.

B. Debris on Private Property. Accumulations of debris, rubbish, manure and other refuse located on private property that are not removed within a reasonable time and that affect the health, safety or welfare of the city.

C. Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests.

D. Water Pollution. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial waste or other substances placed in or near such water in a manner that will cause harmful material to pollute the water.

E. Food. Decayed or unwholesome food which is offered for human consumption.

F. Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition.

G. Surface Drainage. Drainage of liquid wastes from private premises.

H. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor.

I. Junk. Junk is defined and includes all old machinery, old machine parts, old appliances or parts thereof, old iron or other metal, glass, paper, plastics, resins, cardboard, waste fats and oils, food waste, used bottles and cans, old tires, old lumber, old wood, or other waste, debris, or discarded material, or material stockpiled for the purpose of recycling. It is determined and declared that the keeping of any junk out of doors on any street or other public property, lot, or any premises within the city, or in a building that is not wholly or entirely enclosed except doors for use for ingress and egress, is a nuisance and is unlawful. It is unlawful for any owner, lessee, or occupant to keep any junk on any lot or premises within the city, or in a building that is not wholly or entirely enclosed, except doors used for ingress and egress. It is unlawful for any person, his agent or employee, to keep any junk on any street or other public property. The provisions of this chapter shall not apply to junk kept in a duly licensed junk yard or automobile wrecking house or industries which use scrap steel, used equipment, and similar items in connection with the industrial enterprise.

J. Abandoned/Boarded Up Buildings. Buildings which are abandoned or boarded up or partially destroyed.

K. Broken Down/Discarded Items. Broken down or discarded items include furniture and appliances or equipment in any yard visible from the street.

L. Garbage Cans. Garbage cans strewn over the yards and visible from the street.

M. Boxes/Containers. Packing boxes or other storage containers, stored in yards and visible to the public.

N. Unlawful Graffiti Nuisance on Private Property.

1. No owner or person in charge of property may permit graffiti, as defined below, to remain on said property for a period in excess of ten days.

2. This section shall not apply to markings which:

a. Are a part of the general color scheme of the building or structure; and

b. Do not contain words or symbols; and

c. Were applied by the owner or person in charge, or an agent thereof; or

d. Are a part of a sign, which has been previously approved by the city, with the painting or marking reviewed by the city.

3. Graffiti is found to be a nuisance and shall be abated pursuant to the provisions of Phoenix Code Section 8.04.200.

4. Definitions.

a. "Graffiti" means any unauthorized markings of paint, ink, chalk, dye, or other similar substances, and/or the unauthorized etching or scratching of property and the structures appurtenant thereto, including but not limited to, buildings, structures, fences, walls, and poles, where the markings are visible from premises open to the public such as the public right-of-way, sidewalks, or other publicly owned property.

b. "Permit" means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

c. "Person in charge" means any person, in actual or constructive possession of a property, including but not limited to, an owner of record, and an occupant under the owner’s dominion, ownership or control, who has control over the property or premises.

d. "Person" means any natural person, agent, association, firm, partnership or corporation capable of owning, occupying or using property in the city of Phoenix.

O. The storage of firewood for home use is allowable only under the following conditions:

1. All cut firewood stacked higher than five feet from the ground must be stored out of the public view in the side yard or backyard behind a fenced enclosure or in an enclosed building within fourteen days of delivery;

2. Firewood received in log form must be cut, stored and all debris cleaned within fourteen days of delivery.

(Ord. 876 (part), 2007: Ord. 709 § 6, 1992)

Article IV. NUISANCES AFFECTING PUBLIC SAFETY

8.04.070 Abandoned ice boxes.

No person may leave in a place accessible to children an abandoned, unattended or discarded ice box, refrigerator or similar container which has an airtight door with a snap lock or lock or other mechanism which may not be released for opening from the inside, without first removing such lock or door from such ice box, refrigerator or similar container.

(Ord. 709 § 7, 1992)

8.04.080 Attractive nuisances.

No owner, occupant, or person in possession or in charge of property may suffer or permit:

A. Unguarded machinery, equipment or other devices on such property which are attractive, dangerous and accessible to children;

B. Lumber, logs or piling placed or stored on such property in a manner so as to be attractive, dangerous and accessible to children;

C. An open pit, quarry, cistern or other excavation without erecting adequate safeguards or barriers to prevent such places from being used by children.

D. Unsecured swimming pools.

This section shall not apply to authorized construction projects, if during the course of construction reasonable safeguards are maintained to prevent injury or death to playing children.

(Ord. 876 (part), 2007: Ord. 709 § 8, 1992)

8.04.090 Snow and ice removal--Gravel and dirt removal.

No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk may permit anything on them that adversely affects the safety of users including but not limited to snow, ice, gravel, dirt, bicycles and skateboards.

(Ord. 709 § 9, 1992)

8.04.100 Noxious vegetation.

A. The term "noxious vegetation" does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard of a fire or traffic hazard within the meaning of subsection B of this section.

B. The term noxious vegetation includes:

1. Weeds more than twelve inches high and/or that are going to seed;

2. Grass more than twelve inches high and not within the exception stated in subsection A of this section;

3. Poison oak;

4. Poison ivy;

5. Blackberry bushes that extend into a public thoroughfare or across a property line;

6. Vegetation that is:

a. A health hazard,

b. A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous.

C. No owner or person in charge of property shall allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting on the property.

(Ord. 876 (part), 2007: Ord. 709 § 10, 1992)

8.04.110 Rubbish.

A. The owner of any dwelling who rents, leases, or lets dwelling units for human habitation shall provide, in a location accessible to all dwelling units, one thirty-gallon receptacle for each dwelling unit, or, if a multiple family unit, a receptacle with a combined capacity of thirty gallons per dwelling unit, into which garbage and rubbish from the dwelling units may be emptied for storage between days of collection. Receptacles and lids shall be watertight and provided with handles. All receptacles shall be maintained free from holes and covered with tight-fitting lids at all times. The owner of the units shall subscribe to and pay for weekly garbage removal service for the receptacles with a Rogue Disposal refuse collection franchise holder.

B. No person shall place or cause to be placed upon public or private property any kind of rubbish, trash, debris, refuse, or other substance that creates a stench or a fire hazard, detracts from the cleanliness or safety of the property, or constitutes an unreasonable danger to human life or property. Substances that create a stench or a fire hazard, detract from the cleanliness or safety of property, or constitute an unreasonable danger to human life or property include, but are not limited to, the following items stored out-of-doors for more than seventy-two hours:

1. Carpet;

2. Upholstered furniture (unless designed and manufactured for outdoor use and impervious to rain); and

3. Household appliances (including, but not limited to, clothes dryers, washing machines, ovens and stoves).

C. No person shall cause rubbish, trash, debris, or refuse to be placed in a dumpster, drop-box, garbage can, or other container unless the person either owns or has authority to use the container.

D. Violation of this section constitutes a violation.

(Ord. 876 (part), 2007: Ord. 709 § 11, 1992)

8.04.120 Fences.

No person may construct or maintain a barbed-wire fence or allow barbed-wire to remain as a part of a fence along a sidewalk or public way, unless such wire is placed not less than six inches above the top of a board or picket fence which is not less than six feet high. No person may install, maintain or operate an electric fence along a street or sidewalk, or along the adjoining property line of another person.

(Ord. 709 § 12, 1992)

8.04.130 Surface waters--Drainage.

No owner or person in charge of any property, building or structure may suffer or permit rainwater, ice or snow to fall from such building or structure or go onto a street or public sidewalk or to flow across such sidewalk so as to create a condition dangerous to the public.

The owner or person in charge of any property, building or structure shall install and maintain in a proper state of repair an adequate drainpipe or drainage system to prevent such dangerous conditions referred to above.

(Ord. 709 § 13, 1992)

Article V. NUISANCE AND NOISE ORDINANCE: REASONABLE PERSON STANDARD

8.04.140 Purpose.

This ordinance is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of Phoenix through the reduction, control and prevention of loud and raucous noise or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety; or causes public inconvenience, annoyance or alarm to reasonable persons or ordinary sensitivity.

(Ord. No. 908, § 2, 1-5-2009)

8.04.150 Findings.

The city council of the city of Phoenix finds:

A. Loud and raucous noise degrades the environment of the city to a degree that:

1. Is harmful to the health, welfare and safety of its inhabitants and visitors;

2. Interferes with the comfortable enjoyment of life and property;

3. Interferes with the well being, tranquility, and privacy of the home; and

4. Both causes and aggravates health problems.

B. Both the effective control and the elimination of loud and raucous noise are essential to the health and welfare of the city’s inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work and communication.

C. The use of sound amplification equipment creates loud and raucous noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace, and freedom of inhabitants of, and visitors to the city.

D. Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the city.

E. The obligation of draft regulations that affect speech in a content-neutral fashion is of paramount importance to protect the freedom of expression guaranteed by Article I, Section 8, of the Oregon Constitution and the First Amendment of the United States Constitution. This ordinance enacts narrowly drawn, content-neutral regulations that are to be interpreted as such so as not to infringe upon constitutionally protected rights.

(Ord. No. 908, § 3, 1-5-2009)

8.04.160 Scope.

This ordinance applies to the control of all sound originating within the jurisdictional limits of the city.

(Ord. No. 908, § 4, 1-5-2009)

8.04.170 Definitions.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"City" means the city of Phoenix.

"City manager" means the city manager or the city manager’s designee.

"Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

"Emergency work" means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.

"Noise sensitive area" includes, but is not limited to, real property normally used for sleeping or normally used as a school, church, hospital or public library.

"Person" means any individual, firm, association, partnership, joint venture, or corporation.

"Plainly audible" means any sound that can be detected by a reasonable person of ordinary sensitivities using his or her unaided hearing faculties.

"Public right-of-way" means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a government entity.

"Public space" means any real property or structures on real property, owned by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas.

"Residential area" means any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the city’s land development code.

(Ord. No. 908, § 5, 1-5-2009)

8.04.180 General prohibition.

A. No person shall make, continue, or cause to be made or continued:

1. Any unreasonably loud or raucous noise; or

2. Any noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the city; or

3. Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

B. Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:

1. The proximity of the sound to sleeping facilities, whether residential or commercial;

2. The land use, nature and zoning of the area from which the sound emanates and the area where it is received or perceived;

3. The time of day or night the sound occurs;

4. The duration of the sound; and

5. Whether the sound is recurrent, intermittent or constant.

(Ord. No. 908, § 6, 1-5-2009)

8.04.190 Noises prohibited.

The following acts are declared to be per se violations of this ordinance. This enumeration does not constitute an exclusive list:

A. Unreasonable Noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place of [or] building. The ordinary and unusual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.

B. Vehicle Horns, Signaling Devices, and Similar Devices. The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the city, for more than ten consecutive seconds. The sounding of any horn, signaling device, or other similar device, as a danger warning is exempt from this prohibition.

C. Nonemergency Signaling Devices. Sounding or permitting sounding any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place for more than ten consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors or by the city for traffic control purposes are exempt from the operation of this provision.

D. Emergency Signaling Devices. The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsections 1 and 2 below:

1. Testing of an emergency signaling device shall occur between seven o’clock a.m. and seven o’clock pm. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month.

2. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, shall terminate within fifteen minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this ordinance.

E. Radios, Televisions, Boomboxes, Phonographs, Stereos, Musical Instruments and Similar Devices. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passers-by, or is plainly audible at a distance of fifty feet from any person in a commercial, industrial area, or public space. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise sensitive areas, including multifamily or single-family dwellings.

F. Loudspeakers, Amplifiers, Public Address Systems, and Similar Devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of ten o’clock p.m. and seven o’clock a.m. on weekdays and ten o’clock p.m. and ten o’clock a.m. on weekends and holidays in the following areas:

1. Within or adjacent to residential or noise-sensitive areas;

2. Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous.

This shall not apply to any public performance, gathering or parade for which a permit has been obtained from the city. The permit shall be in a form prescribed by the city and the fee for the permit shall be effectuated by resolution.

G. Yelling, Shouting, and Similar Activities. Yelling, shouting, hooting, whistling, or singing in residential or noise sensitive areas or in public places, between the hours of ten o’clock p.m. and seven o’clock a.m., or at any time or place so as to unreasonably disturb the quiet, conform, or repose of reasonable persons of ordinary sensitivities. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to volume, duration, location, timing or other factors not based on content.

H. Animals and Birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird.

I. Loading or Unloading Merchandise, Materials, Equipment. The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.

J. Construction or Repair of Buildings, Excavation of Streets and Highways. The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of seven o’clock a.m. and seven o’clock p.m., on weekdays. In cases of emergency, construction or repair noises are exempt from this provision. In nonemergency situations, the city manager may issue a permit, upon application, if the city manager determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings or excavation of streets and highways between the hours of seven o’clock p.m. and seven o’clock a.m. will not be impaired, and if the city manager further determines that loss or inconvenience would otherwise result. The permit shall grant permission in nonemergency cases for a period of not more than three days. The permit may be renewed once for a period of three days or less. The permit shall be in a form prescribed by the city and the fee for the permit shall be effectuated by resolution.

K. Noise Sensitive Areas--Schools, Courts, Churches, Hospitals, and Similar Institutions. The creation of any unreasonably loud and raucous noise adjacent to any noise sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions; provided that conspicuous signs delineating the boundaries of the noise sensitive area are displayed in the streets surrounding the noise sensitive area.

M. Commercial Establishments Adjacent to Residential Property. Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of ten o’clock p.m. and seven o’clock a.m. which is plainly audible at a distance of five feet from any residential property.

(Ord. No. 908, § 7, 1-5-2009)

8.04.200 Exemptions.

Sounds caused by the following are exempt from the prohibitions set out in Section 8.04.190 and are in addition to the exemptions specifically set forth in Section 8.04.190.

A. Motor vehicles on traffic ways of the city provided that the prohibition of Section 8.04.180 B continues to apply.

B. Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property.

C. Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity or imminent danger, provided that the prohibition contained in Section 8.04.180 D continued to apply.

D. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.

E. Repairs or excavations of bridges, streets or highways by or on behalf of the city, the state, or the federal government, between the hours of seven o’clock p.m. and seven o’clock a.m., when public welfare and convenience renders it impractical to perform the work between seven o’clock a.m. and seven o’clock p.m.

F. Outdoor School and Playground Activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic and school entertainment events.

G. Other Outdoor Events. Outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events, provided that a permit has been obtained from the appropriate permitting authority.

(Ord. No. 908, § 8, 1-5-2009)

8.04.210 Radio and television interference.

No person shall operate or use an electrical, mechanical or other device apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception; provided that the radio or television receiver interfered with is of good engineering design. This section does not apply to electrical and radio devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission (FCC).

(Ord. No. 908, § 9, 1-5-2009)

8.04.220 Notices and advertisements.

A. No person may affix or cause to be disturbed any placard, bill, advertisement or poster upon real or personal property, public or private, without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to or repeal of any regulation now or hereafter adopted by the city regulating now or hereafter adopted by the city in their land development code regulating the use of and the location of signs and advertising.

B. No person, either as principal or agent, may scatter, distribute or cause to be scattered or distributed on public or private property any placard or advertisements or other similar material.

C. This section does not prohibit the distribution of advertising material during a parade or approved public gathering.

(Ord. No. 908, § 10, 1-5-2009)

8.04.230 Declaration of nuisance; general nuisance.

The acts, conditions or objects specifically enumerated and defined within this chapter are declared to be public nuisances.

In addition to those nuisances specifically enumerated within this chapter, every other thing, substance or act which is determined by the council or city to be injurious or detrimental to the public health, safety or welfare of the city is hereby declared to be a nuisance.

(Ord. No. 908, § 11, 1-5-2009)

8.04.240 Enforcement.

The following individuals shall enforce this ordinance: The city manager or police chief will have primary responsibility for the enforcement of the noise regulations contained in this ordinance. Nothing in this ordinance shall prevent the city manager or police chief from obtaining voluntary compliance by way of warning, notice or education.

(Ord. No. 908, § 12, 1-5-2009)

8.04.250 Penalties.

A. A person who violates a provision of this ordinance is guilty of an infraction which is punishable by a fine not to exceed five hundred dollars.

B. Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately.

(Ord. No. 908, § 13, 1-5-2009)