(a) It shall be unlawful for any person to permit, make, continue, maintain or cause to be made or continue any excessive, unreasonable or unusually loud noise which disturbs, injures, endangers the repose, health, peace or safety of other people of ordinary sensitivity within the vicinity of the noise.
(b) It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio, receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity.
(c) No person shall permit or participate in or be in any party or gathering of people from which sound emanates at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity. A police officer may order all such persons present at any such party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this section; provided; however, owners or tenants are not required to leave their own dwelling unit. Owners or tenants of the location where the party or gathering occurs shall, upon request of a police officer, cooperate fully in immediately abating the disturbance. Failing to immediately cooperate with law enforcement efforts to remedy and resolve the noise disturbance shall be in violation of this section.
(d) No property owner shall permit their property to be used in violation of this section. Property owners shall make a reasonable effort to notify all tenants, lessees, and invitees of the City’s noise restrictions, and shall make every effort to assist law enforcement with immediately abating the disturbance occurring upon their property when requested by law enforcement. Multiple complaints occurring against a single property may be evidence that a property owner is permitting their property to be used in violation of this section.
(1) Neighboring inhabitants includes those persons residing in single family dwellings, multiple family dwellings, boarding house rooms, hotel rooms or motel rooms, or businesses within the vicinity of the noise.
(2) Excessive, unreasonable or unusually loud noise shall be a determination of legal fact based upon those indicators that a reasonable person would objectively find to 1) disturb the peace, quiet or repose of the area, 2) cause physical injury or property damage, or 3) endanger the safety of the area, when any individual actually experiences such harm.
(1) Emergency work necessary to restore property to a safe condition or to protect a person and property from eminent danger;
(4) Residential and Commercial trash and solid waste collection service during the hours outlined in Chapter 8 of this Code;
(6). Noise resulting from the activities of a temporary duration planned by school/university, governmental or community groups;
(g) Penalty, Any person who violates any of the provisions of this section within the corporate limits of the city is guilty of a misdemeanor and upon conviction thereof shall be fined in the amount not exceeding $500.00 or be imprisoned in jail for a period not to exceed one (1) month, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
(h) EXCEPTIONS. The following activities, as long as they are conducted in daytime hours as a normal function of a permitted use and the equipment is maintained in proper working condition, are exempted from the provisions of this chapter:
(i) PENALTY. Any person who violates any of the provisions of this section within the corporate limits of the city is guilty of a misdemeanor and upon conviction thereof shall be fined in the amount not exceeding $500.00 or be imprisoned in jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
(Code 1974, § 11.03.010; Ord. 721, § 4, 1995; Code 2018, 26-51; Ord. 1125)
It is unlawful for any person to be in the city parks between the hours of 12:00 midnight and 6:00 a.m., except Saturday and Sunday when the hours are 2:00 a.m. and 6:00 a.m. The chief of police of the city may authorize any activity between the closed hours if the same is duly organized by a recognized organization. Unlawful use of a city park is a Class C misdemeanor.
(Code 1974, § 11.03.030; Ord. 721, § 6, 1995; Code 2018, 26-52)
(a) It is unlawful and a misdemeanor for any person to discharge any firearms, set off any firecrackers, rockets, squibs, or any other species of fireworks, or throw any fireballs or any inflammable or combustible material, or make any bonfires within the city limits.
(b) This section shall not apply to fireworks used in compliance with this Code, to the discharge of firearms in any licensed shooting gallery, to any gunsmith in his trade, to the shooting of dogs running at large in violation of city ordinances, to the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, to the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.
(Code 1974, § 6.28.010; Ord. 493, § 1(part), 1979; Code 2018, 26-53)
It is unlawful to swim or wade in public areas that have been designated as no swimming and no wading areas by the posting of signs prohibiting the same. Violations of this section shall be punishable by a fine of not more than $250.00.
(Code 1974, §§ 11.07.050, 11.07.055; Ord. 906, §§ 1, 2, 7-14-2009; Code 2018, 26-54)
(1) It shall be unlawful to land, tether, take off, carry passengers or otherwise operate any manned balloon within the boundaries of the city without a license to operate the balloon with all necessary ratings and endorsements that has been issued by the Federal Aviation Administration.
(2) It shall be unlawful to land, tether, take off, carry passengers or otherwise operate any manned balloon, or any unmanned or moored balloon that is subject to regulation under 14 CFR Part 101, in an unsafe manner or in violation of any federal law or regulation governing the lawful use and operation of a manned, unmanned or moored balloon.
(1) It is unlawful to land, tether or take off any balloon, be it manned, unmanned or moored, on any public property, including public parks and streets, within the boundaries of the city except within any location on public property where the landing, tethering and taking off of balloons has been authorized by a balloon operation permit issued by the city and except in cases of emergency. Emergencies are defined as nonroutine events caused by extraordinary conditions, such as rough weather or a mechanical malfunction or failure.
(2) It is unlawful to land, tether, take off, carry passengers in or operate a manned, unmanned or moored balloon within the boundaries of the city without a balloon operation permit or in violation of the terms of a balloon operation permit, except that no permit is required if a balloon is only flown over the city and is not landed, taken off or tethered within the city limits.
(3) Balloon operation permits shall be issued by the city administrator and shall require the owner or operator of the balloon to present proof of insurance covering liability for all balloon operations.
(4) Each permit shall include a description of the locations on public property where the landing, tethering and taking off of a balloon has been authorized.
(5) All balloon operation permits shall require the permit holder to repair any damage to public property caused by the landing, tethering or taking off of a balloon from public property, and the permit holder shall return the public property to the same condition it was in prior to its use for landing, tethering and taking off a balloon.
(6) Balloon operation permits may prescribe the days and times a balloon may be landed, tethered or taken off from public property within the boundaries of the city.
(Ord. 1032, § 1, 8-22-2017; Code 2018, 26-55)