December 5, 2009
December 1, 2009
Sec. 46-3. Public nuisances affecting peace and safety.
(11) All unnecessary noises which tend to disturb the peace and repose of neighboring residents. In addition the following requirement for amplified sound from motor vehicles shall be met.
a. Amplified sound from motor vehicles. It shall be a violation of this section to play, operate or permit the playing, use or operation of any radio, tape player, disc player, loud speaker or other electronic device used for the amplification of sound, music, or other entertainment, which is located within a motor vehicle on a public street or alley, or in a commercial or residential parking facility, which is plainly audible by any person from a distance of 50 feet or more from the motor vehicle. When sound violating this section is produced or reproduced by any such device that is located in a motor vehicle, the motor vehicle's owner, if present when the violation occurs, is guilty of the violation. If the motor vehicle's owner is not present at the time of the violation, the person who has dominion, care or control of the motor vehicle at the time of the violation is guilty of the violation. In addition to an owner or a driver, any person who controls or assists with the production, reproduction, or amplification of sound in violation of this section is guilty of the violation.
i. Enforcement duties. The Sheriff's Department shall enforce the provisions of this section.
ii. Civil remedies. This section may be enforced by injunction, action for abatement, or other appropriate civil remedy.
iii. Criminal penalties. Every person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00 or imprisonment for a term of not to exceed 90 days, or both plus, in either case, the costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense.
Sec. 46-4. Enforcement--Responsibility and powers.
It shall be the duty of the council to enforce the provisions of this chapter, and the council may, by resolution, delegate to other officers or agencies the power to enforce particular provisions of this chapter, including the power to inspect private premises, and the officers charged with enforcement of this chapter shall take all reasonable precautions to prevent the commission and maintenance of public nuisances.
(Prior Code, § 165-050)
Sec. 46-5. Same--Procedure.
(a) Complaint filed. Whenever in the judgment of the city council charged with enforcement, it is determined upon the preliminary investigation or complaint filed with the city clerk that a public nuisance may be maintained or exist within the city, the city clerk shall notify in writing the person committing or maintaining such public nuisance requiring him to appear before the city council at a specific time and place after service upon him to discuss and explain said public nuisance and its abatement or removal.
(b) Judgment by council. Upon the failure of said persons to appear or after said preliminary hearing if in the judgment of the city council it is determined by its investigation that a public nuisance is being maintained or exists within the city, the city clerk shall notify in writing the person committing or maintaining such public nuisance to remove such conditions or remedy such defects.
(c) Notification to abate. Said preliminary and final written notice shall be served on the person committing or maintaining said nuisance in person or by certified return receipt requested mail. If the premises are not occupied and the address of the owner is unknown, service on the owner may be had by posting a copy of the preliminary or final notice on the premises, or both, to take reasonable steps within a reasonable time to be designated in said notice, but the maximum time for the removal of said nuisance after service of said notice may be proved by filing an affidavit of service in the office of the city clerk setting forth the manner and time thereof.
(d) Noncompliance. When an order so given is not complied with, such noncompliance shall be reported forthwith to the council for such action as may be necessary and deemed advisable in the name of the city to abate and enjoin further continuation of said nuisance.
(Prior Code, § 165-060)
Sec. 46-6. Abatement of nuisance by council.
If, after such service of notice, the person served fails to abate the nuisance or make the necessary repairs, alterations or changes in accordance with the direction of the council, the council may cause such nuisance to be abated at the expense of the city and recover such expenditure by civil action against the person served; or, if service, as herein defined, has been had upon the owner or occupant, by ordering the clerk to extend such sum as a special assessment against the property upon which the nuisance existed and to certify the same to the county auditor for collection in the same manner as taxes and special assessments are certified and collected.
(Prior Code, § 165-070)
Sec. 46-7. Penalties.
Any person who shall cause or create a nuisance, or permit any nuisance to be created or placed upon, or to remain upon, any premises owned or occupied by him, and any person who shall fail to comply with any order made under the provisions of this chapter, upon conviction thereof,shall be guilty of a misdemeanor.
(Prior Code, § 165-080)