Compliance Required: All new and existing structures and uses shall be required to meet the requirements of this section on the date of the adoption hereof.
A. Refuse:
1. Definition: “Refuse” is defined as waste, garbage, trash, junk and litter.
2. Standards: All refuse containers shall be adequately screened such that they are not visible from the public street or a residential property line.
B. Building And Property Maintenance: All commercial buildings and properties shall be maintained to protect the public health, safety and general welfare at all times. Properties exhibiting characteristics that include, but are not limited to, the following are considered harmful or a nuisance and are prohibited:
1. Missing windows or doors that constitute a public safety concern or building hazard;
2. Unrepaired fire or vandalism damage;
3. Structure dilapidation, deterioration or decay that constitutes a building hazard;
4. Graffiti as delineated in ordinance 188;
5. Noxious weeds or unkempt landscaping that constitutes a fire hazard;
6. Abandoned and inoperable vehicles as defined in title 8, chapter 3 of this code;
7. Absence of adequate solid waste refuse pick up; and
8. Dumping, storing, burying, reducing, disposing of or burning garbage, refuse, scrap metal, rubbish, dead animals or parts of dead animals.
C. Lighting:
1. Lighting Exemptions: The following are exempt from the provisions of this chapter:
a. Seasonal displays unless such displays become a nuisance;
b. Vehicular lights and all temporary emergency lighting needed by the police department and fire protection district or other emergency services;
c. All temporary lighting used for the construction or repair of roadways, utilities and other public infrastructure; and
d. All lighting required by the City, state or federal regulatory agencies.
e. All lighting for public utilities as long as fixtures are downward directed and shielded.
2. General Standards: The following general standards apply to all nonexempt outdoor lighting fixtures:
a. Nuisance prevention: All outdoor lighting fixtures shall be designed, located and installed to be downward directed and shielded, by retrofitting if necessary, and shall be maintained in order to prevent glare, light trespass and light pollution.
b. An outdoor lighting fixture may only be aimed against a structure if the light is effectively contained by the structure and no glare is visible from off site.
c. Uplighting of identification signs fronting public streets shall be allowed under conditions delineated in chapter 11 of this title. No direct lighting shall be visible from the residential district property line. Any lighting directed upwards above the horizontal plane (uplighting) is prohibited, with the exception of government flags.
3. Prohibited Lighting: The following light fixtures and activities are prohibited and are considered a nuisance and light pollution:
a. The installation of any new fixture not in conformance with this chapter is prohibited.
b. No outdoor lighting fixtures shall be installed, aimed or directed to produce light that spills over into adjacent residential properties or the public right of way. Direct light trespass onto residential properties is prohibited.
c. No outdoor lighting fixture may be installed or maintained in such a manner to cause glare visible from off site.
d. No outdoor lighting fixture may be operated in such a manner as to constitute a hazard or danger to persons, or to safe vehicular travel.
e. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color lights.
f. Searchlights, laser source lights, or any similar high intensity light is prohibited except in emergencies by police and fire personnel or at their direction, or for approved temporary lighting under a special event permit issued by the city.
D. Construction Activity Prohibited During Certain Hours: It is unlawful and is deemed a public nuisance for any person to engage in acts of building construction, site development, use of heavy equipment for earthmoving or installation of public works, or other construction activities which involve use of concussion, compression, power tools, or which produce bothersome noise, vibration, illumination, dust, or similar undesirable environmental effects onto adjoining residential properties, between the hours of nine o’clock (9:00) P.M. and six o’clock (6:00) A.M. on a weekday and between six o’clock (6:00) P.M. and seven o’clock (7:00) A.M. on a weekend, except as otherwise authorized by the city council for utility construction or service emergencies.
E. Vibration: Any outdoor activity that causes vibration shall be set back from the property line sufficient distance to stop vibration at the property line or be conducted in a fully enclosed building that has been engineered to prevent vibration at the property line or an abutting residential zoning district as perceived by a person of normal sensitivities.
F. Noise:
1. Standard: No person may make or permit, in the operation of a machine or otherwise, any noise to the annoyance of any other person of ordinary sensibilities between the hours of nine o’clock (9:00) P.M. and six o’clock (6:00) A.M. on a weekday and between six o’clock (6:00) P.M. and seven o’clock (7:00) A.M. on a weekend, except as otherwise authorized by the city council for utility construction or service emergencies.
2. Loud Or Unnecessary Noises: Any noise which exceeds the ambient level by fifteen (15) decibels on an A-scale decibel meter (as specified in ANSI S 1.4-1971) and which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of ordinary sensibilities; endangers or damages personal or real property; disturbs or would disturb the peace; or creates a nuisance is prohibited.
3. Exemptions: This requirement shall not apply to maintenance equipment including, but not limited to, lawn mowers, snowblowers and weed whackers, snow removal equipment, emergency equipment not operated on a regular or scheduled basis; and warning devices not operating continuously for more than five (5) minutes.
4. Enumeration Of Violations: The following noises and acts, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive:
a. Inoperative Muffler: Inoperative or absence of vehicle muffler.
b. Repair Of Vehicles: Any noise generated from the repair, rebuild or test motor vehicle, motorboat or aircraft to cause a noise disturbance across a residential lot line outside of the hours delineated in this section.
c. Repair Tools (Hammers, Concrete Saws, Etc.): Any noise generated by the use or operation of any pneumatic and electric hammer, concrete saw or other equipment or appliance, blasting device or other explosive not associated with a current building permit shall be a loud and unnecessary noise unless such noise is both created during the times allowed for construction and does not exceed the noise levels.
d. Loading, Unloading, Opening Boxes Or Crates: The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
G. Dust, Smoke And Odor Control: No development shall generate dust, smoke, odors, or other airborne pollutants that travel beyond its property line, except as permitted by state and federal air quality standards. (Ord. 221, 7-12-2012; amd. Ord. 272, 9-14-2021)