A. In addition to other public nuisances declared by other sections of this code or law, the following are hereby declared to be public nuisances:
1. The sale, or offering for sale, of unwholesome food or drink; or the keeping of a place where such sales or offerings are made;
2. The sale, offering for sale, or furnishing of intoxicating liquor in violation of the state law or ordinances of the city; or keeping of a place where intoxicating liquor is sold, offered for sale, or furnished in violation of the state law or ordinances of the city;
3. The exposure, display, sale, or distribution of obscene pictures, books, pamphlets, magazines, papers, documents or objects; or, the keeping of a place where such are exposed, displayed, sold or distributed;
4. The keeping of a place where persons gamble, whether by cards, slot machines, punchboards or otherwise;
5. The keeping of a place where prostitution, illicit sexual intercourse, or other immoral acts are practiced;
6. The keeping of a place where activities in violation of state law or ordinance are practiced or carried on;
7. The conduct or holding of public dances in violation of the ordinances of the city, or the keeping of a place where such dances are held;
8. The public exposure of a person having a contagious disease; (Prior code § 13-1)
9. Noise disturbances as follows:
a. Definitions:
NOISE: Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE: Any plainly audible sound which:
(1) Injures or endangers the safety or health of a human; or
(2) Annoys or disturbs a reasonable person of normal sensitivities; or
(3) Endangers or injures personal or real property.
PLAINLY AUDIBLE: Where the listener clearly can hear the content of the sound produced by the noise source. Sounds which may be clearly audible include, but are not limited to, musical rhythms, spoken words, vocal sounds and engine noises.
b. Prohibited Generally: It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusual noise disturbance or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city.
c. Specific Prohibitions:
(1) No person shall play, use, operate or permit to be played, used or operated, any radio, tape recorder, cassette player or other machine or device for reproducing sound, if the machine or device causes a noise disturbance and if it is located in or on any of the following:
(A) Any public property, including any public street, highway, building, sidewalk, park or thoroughfare; or
(B) Any motor vehicle on a public street, highway or public space if the sound generated is audible at a distance of fifty feet (50') from the device producing the sound, unless the motor vehicle is located in a residentially zoned neighborhood; or
(C) In a residentially zoned district (R-1 through R-4), including public rights of way, if the sound generated is audible at a distance of thirty feet (30') from the device producing sound between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. the following day.
(2) No person shall participate in making boisterous, belligerent, or clamorous noisemaking, shouting, carousing, singing or other prolonged noisemaking such as to produce a noise disturbance.
d. Enforcement: Powers of arrest or citation. Any authorized police officer shall issue a citation for any violation under this subsection A9. Any citizen may, upon the observance of a violation, sign a complaint which may be enforced by issuance of citation and tried in municipal court;
e. Penalty: Any person, firm or corporation violating any provision of this subsection A9, upon conviction, shall be fined in accordance with section 1-108 of this code; (Ord. 1491, 8-24-1999)
10. The operation or use of any electrical apparatus or machine which materially or unduly interferes with radio or television reception by others;
11. Any use of a street or sidewalk or a place adjacent thereto which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk, or which otherwise obstructs traffic thereon, except as may be authorized by law or ordinance;
12. All wells, pools, cisterns, bodies or containers of water in which mosquitoes breed or are likely to breed, or which are so constructed, formed, conditioned, or situated as to endanger the public safety;
13. Rank weeds or grass, carcasses, accumulations of manure, refuse, or other things, which are, or are likely to be, breeding places for flies, mosquitoes, vermin, or disease germs; and the premises on which such exist;
14. Any pit, hole, or other thing which is so constructed, formed, conditioned or situated as to endanger the public safety;
15. Any fire or explosion hazard which endangers the public safety;
16. Any occupation or activity which endangers the public peace, health, morals, safety or welfare;
17. Any motor vehicle (whether in operating condition or not) or any trailer without a current vehicle plate as may be required by law for vehicles used on the public highways, when stored or kept in a residence district, and storage of more than one inoperable, junk or salvaged car on residential lots whether licensed or unlicensed;
18. Any stable or other place where animals are kept that may become obnoxious or annoying to any resident of this city, by reason of any noise or noises made by the animal therein, or by reason of lack of sanitation, is hereby declared to be a nuisance;
19. The keeping of any dog kennels within this city for the breeding and raising of dogs that shall become offensive or annoying to the public by reason of the barking and noise made by the animals therein contained, is hereby declared to be a nuisance;
20. Any vault, cesspool or sink used to receive human excrement, slops, garbage, refuse or other filthy substance, is hereby declared to be a nuisance;
21. Any pond, slop, trash, refuse, cobs, manure, decayed or decaying vegetable matter, left, kept or maintained in such condition as to endanger the public health is hereby declared to be a nuisance;
22. The keeping of any hog pen within the limits of this city in violation of this code is hereby declared to be a nuisance;
23. Every privy or water closet which shall be in an overflowing, leaking or filthy condition, or in a condition dangerous, injurious or annoying to the comfort, health and welfare of any resident of this city is hereby declared a nuisance;
24. Any green or unsalted hides of any animal kept in any exposed or open place within the limits of this city is hereby declared to be a nuisance;
25. Any unclean, foul, leaking or broken or defective ditch, drain, gutter, slop, garbage or manure barrel, box or other receptacle in this city is hereby declared to be a nuisance;
26. Every building or other structure that shall become unsafe and dangerous from fire, decay or other cause, or shall become hazardous from fire, by reason of age, decay or construction, location or other cause, or shall be detrimental to the health, safety or welfare of this city or its inhabitants from any cause, is hereby declared to be a nuisance; and (Prior code § 13-1; amd. 2015 Code)
27. Laser devices as follows:
a. It shall be unlawful for any person to focus, point or shine a laser beam directly or indirectly on another person or animal in such a manner as to harass, annoy, or injure said person or animal, or as to disturb public peace.
b. It shall be unlawful for any person under the age of eighteen (18) years to possess a laser pointing device. A person shall not be in violation of this subsection if his possession of a laser pointing device is necessary for his employment, trade or occupation and it is necessary for the pointer to be carried on his person. (Ord. 1479, 2-9-1999)
The above enumeration of certain public nuisances shall be cumulative and not limit other provisions of law or ordinances defining public or private nuisances either in more general or more specific terms. (Prior code § 13-1)