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§ 130.03 PARTIES TO OFFENSES.
   (A)   A person is guilty of an offense if it is committed by his or her own conduct or by the conduct of another person for which he or she is liable, or both.
   (B)   A person is liable for the conduct of another person constituting an offense if:
      (1)   He or she is made liable by the ordinance defining the offense; or
      (2)   With the intent to promote or facilitate the commission of the offense he or she:
         (a)   Solicits or commends such other person to commit the offense;
         (b)   Aids or abets or agrees or attempts to aid or abet such other person in planning or committing the offense; or
         (c)   Having a legal duty to prevent the commission of the offense, fails to make an effort he or she is legally required to make.
   (C)   In any prosecution for an offense in which liability is based upon the conduct of another person pursuant to division (B) above, it is no defense that:
      (1)   Such other person has not been prosecuted for or convicted of any offense based upon the conduct in question or has been convicted of a different offense; or
      (2)   The offense, as defined, can be committed only by a particular class or classes of persons to which the defendant does not belong, and he or she is for that reason legally incapable of committing the offense in an individual capacity.
   (D)   Except as otherwise provided by the ordinance defining the offense, a person is not liable for conduct of another constituting an offense if he or she is a victim of that offense or the offense is so defined that his or her conduct is necessarily incidental thereto.
   (E)   In addition to the liability of a corporation, firm, partnership, association or joint stock company otherwise imposed by the ordinances of this city, such an organization is guilty of an offense if:
      (1)   The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of his or her employment and on behalf of the corporation, or the offense is one defined by an ordinance that clearly indicates a legislative intent to impose liability on a corporation;
      (2)   The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or
      (3)   The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of his or her employment and in behalf of the corporation.
   (F)   A person is liable for conduct constituting an offense which he or she performs or causes to be performed in the name of or in behalf of a corporation, firm, partnership, association or joint stock company to the same extent as if such conduct were performed in his or her own name or behalf.
   (G)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AGENT. Any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.
      HIGH MANAGERIAL AGENT. An officer of a corporation who exercises authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority.
(Prior Code, § 130.03) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
§ 130.04 ATTEMPT TO COMMIT.
   A person who shall attempt to commit any of the offenses mentioned in this title or any ordinance of the city, but who for any reason is prevented from consummating such act, shall be deemed guilty of an offense.
(Prior Code, § 130.04) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
§ 130.05 CONTINUING VIOLATIONS.
   Whenever in this title an act is prohibited or is made or declared to be unlawful or an offense, or the doing of an act is required or the failure to do an act is declared to be unlawful or an offense, each day a violation continues shall constitute a separate offense.
(Prior Code, § 130.05) (Ord. 259, passed 5-8-1979)
§ 130.06 WORKING OUT FINE AND COSTS.
   (A)   When a person shall be convicted of an offense under the laws of the city and shall be adjudged to pay a fine and costs and shall fail to pay the fine and costs, the Municipal Judge may collect labor on the streets or on other public works, one day for each $8 of such fine unpaid.
   (B)   Persons fined and sentenced to labor as set out in this section shall be under the charge and supervision of the Chief of Police and the Police Department.
(Prior Code, § 130.06) (Ord. 259, passed 5-8-1979)
ADVERTISING AND NOISE MAKING
§ 130.20 AFFIXING, PAINTING AND THE LIKE, ADVERTISING MATTER TO STREETS, TREES AND THE LIKE.
   No person shall affix a notice, placard, bill, card, poster, banner, advertisement or other paper on a sidewalk, crosswalk, curb or curbstone, or a portion or part of a public way or public place, or a lamp post, electric light, telegraph, telephone pole or railway structure, hydrant, shade tree or tree-box or on the piers, columns, trusses, girders, railings, gates or other parts of a public bridge or viaduct, or other public structure or building, or on a pole, box or fixture of the fire alarm or police telegraph system, except as may be authorized or required by the laws of the United States, the state, this title or other ordinances.
(Prior Code, § 130.15) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
§ 130.21 UNREASONABLE OR RAUCOUS NOISE PROHIBITED.
   No person shall make any unreasonably loud or raucous noise which disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city.
(Prior Code, § 130.16) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
§ 130.22 SPECIFIC ACTS DEFINED.
   (A)   The following acts are declared to be unreasonably loud or raucous noises in violation of this title; however, this enumeration shall not be deemed exclusive.
      (1)   Horns, signaling devises and the like. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle except as a reasonable signal required by the exigencies of vehicular or pedestrian traffic; the creation by means of any such signaling device of any sound which disturbs the sleep, peace, quiet, comfort or repose of other persons; the sounding of any such device for an unnecessary or unreasonable period of time.
      (2)   Radios, phonographs and the like.
         (a)   The playing, using or operating of, any radio, musical instrument, phonograph, television set, tape recorder or other machine or device for the producing or reproducing of sound in such a manner as to disturb the sleep, peace, quiet, comfort or repose of other persons, or at any time with louder volume than is necessary for convenient hearing by the person or persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners thereto.
         (b)   The operation of any such machine or device in such a manner so as to be plainly audible at a distance of 50 feet from the building, room, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
      (3)   Loud speakers, amplifiers and the like. Using, operating or permitting to be used or operated any mechanical loud speaker or sound amplifier, either stationary or mobile, for producing or reproducing sound which is cast upon the public streets or other public property. This section does not prohibit the reasonable use of mechanical loud speakers or sound amplifiers in the course of public addresses which are noncommercial in character.
      (4)   Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to disturb the sleep, peace, quiet, comfort or repose of other persons.
      (5)   Animals. The keeping of any animal which by frequent or long continued noise disturbs the sleep, peace, quiet, comfort or repose of other persons.
      (6)   Steam whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, as a warning of fire or danger or upon request of proper city authorities.
      (7)   Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, except where such discharge is from vehicles used for participation in vehicle spectator sports activities between the hours of 7:00 a.m. and 10:00 p.m., and the activities are properly licensed by the city and consistent with its zoning ordinance.
      (8)   Defect in vehicle or load. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner as to disturb the sleep, peace, quiet, comfort or repose of other persons.
      (9)   Loading, unloading, opening boxes. The loading or unloading or any vehicle or the opening, closing or destruction of bales, boxes, crates and containers, so as to disturb the sleep, peace, quiet, comfort or repose of other persons.
      (10)   Construction or repair of buildings, streets and the like. The construction (including excavation), demolition, alteration or repair of any building, street, sidewalk, driveway, sewer or utility line between the hours of 7:00 p.m. and 7:00 a.m., except as provided in § 130.23.
      (11)   Schools, courts, churches, hospitals. The creation of any sound on any street adjacent to any school, institution of learning, church or court, while the same is in use, or adjacent to any hospital, nursing home or other institution for the care of the sick or infirm, which would tend to unreasonably interfere with the operation of the same or disturb the sleep, peace, quiet, comfort or repose of other persons.
      (12)   Pile drivers, hammers, machinery and the like. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance or machinery, the use of which creates a sound which disturbs the sleep, peace, quiet, comfort or repose of other persons.
      (13)   Blowers and compressors. The operation of any blower, power fan, internal combustion engine, electric motor or compressor, the operation of which causes sound due to the explosion of operating gases or fluids, or the compression of air, unless the sound from such machine is sufficiently muffled so as to be minimal.
   (B)   Permit fees, if any required under division (A) above, shall be set by resolution of the Council.
(Prior Code, § 130.17) (Ord. 259, passed 5-8-1979) Penalty, see § 130.99
§ 130.23 PERMITS.
   (A)   In cases of emergency or other urgent public necessity, the City Administrator may issue a permit allowing activities described in § 130.22(A)(10) to take place at any hour. Emergency permits may not be issued for periods exceeding three days but may be renewed for successive periods not exceeding three days each for so long as the emergency continues.
   (B)   If, due to the location of the building or other site, the potential nature of the sound from the activity, the potential nature of the sound from vehicular traffic to and from the site and the loss or inconvenience that would result to any party in interest, the building official determines that the sleep, peace, quiet, comfort or repose of other persons will not be disturbed, he or she may issue a permit allowing activities described in § 130.22(A)(10) to take place between such hours from 7:00 p.m. to 7:00 a.m. as he or she deems proper.
   (C)   (1)   Permits issued by the City Administrator pursuant to divisions (A) and (B) above may be for such days or times as he or she deems proper within the limits provided.
      (2)   The City Administrator may also include such restrictions or conditions in permits as he or she feels necessary to ensure the sleep, peace, quiet, comfort or repose of other persons.
      (3)   The City Administrator may also suspend or revoke a permit if he or she finds that the sleep, peace, quiet, comfort or repose of any person is impaired by the activities carried on, or the restrictions or conditions contained in the permit have been violated.
      (4)   The decisions of the City Administrator to grant, suspend or revoke any permit may be appealed to the City Council, whose decision thereon shall be final.
   (D)   (1)   In addition to the activities allowed by § 130.22(A)(10), additions to, alteration or repair of any single or two-family dwelling structure may be performed without permit between the hours of 7:00 p.m. and 10:00 p.m.
      (2)   If, however, the City Administrator determines that the sleep, peace, quiet, comfort or repose of any person will be impaired by sound from the activity, he or she may require that the activity cease at 7:00 p.m.
      (3)   The decision of the City Administrator may be appealed to the City Council, and its decision thereon shall be final.
(Prior Code, § 130.18) (Ord. 259, passed 5-8-1979)
ALCOHOL AND DRUGS
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