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(a) The Mayor may, in case of riot, looting, insurrection or other civil disturbance, or when there is clear and present danger of riot, looting, insurrection or other civil disturbance, proclaim in writing a state of emergency.
(b) As part of such proclamation or by subsequent written order after such proclamation is issued, the Mayor may, in his or her discretion as he or she believes necessary to the public safety:
(1) Delineate the boundaries of any area threatened by riot, looting, insurrection or other civil disturbance and restrict or prohibit the movement of persons or vehicles into, from or within such area;
(2) Establish a curfew within such area and prohibit persons from being out of doors during such curfew;
(3) Prohibit the sale, offering for sale, dispensing and transportation of firearms and other deadly weapons, ammunition, dynamite and other dangerous explosives, incendiary devices and any necessary ingredient thereof; and
(4) Issue reasonable regulations to suppress such riot, looting, insurrection or other civil disturbance or to protect persons or property from harm by reason of such riot or insurrection.
(c) When the danger from riot, looting, insurrection or other civil disturbance has passed, the Mayor shall forthwith make proclamation that the emergency has ended and any proclamation, order or regulation issued pursuant to this section shall then become void.
(d) The powers conferred by this section are in addition to any other powers which may be conferred by law and nothing in this section shall be construed to modify or limit the authority, powers, duties or responsibilities of any officer or public official, as may be provided by law. Nothing in this section shall be construed to permit suspension of the right to a writ of habeas corpus.
(Ord. 54-1969. Passed 3-3-69.)
(e) No person shall violate or fail to comply with any regulation or order made pursuant to this section.
(f) Whoever violates division (e) hereof is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(a) No person shall make, continue or cause to be made any excessive noise, as defined in Section 545.13, or any unreasonably loud, disturbing or unnecessary noise of such character or duration as to disturb the peace and quiet of the community or any resident thereof, in particular between the hours of 11:00 p.m. and 7:00 a.m. of the following day, Monday through Friday; between the hours of 11:00 p.m. Friday and 8:00 a.m. Saturday, except that on Saturdays following national holidays the hours shall be 11:00 p.m. Friday to 7:00 a.m. Saturday; and between the hours of 11:00 p.m. Saturday and 9:00 a.m. Sunday.
(b) The following acts or the resulting noises, among others, are declared to be loud noises or noises of such character or for such duration so as to be a violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn, bell or other signal or warning device on any automobile, motorcycle, bus or other vehicle, except as a danger or warning signal. Such sounding shall not be unreasonably loud or harsh or continued for an unnecessary length of time.
(2) The playing of any radio, phonograph, car stereo or any musical instrument in such a manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m. of the following day, Monday through Friday, 11:00 p.m. and 8:00 a.m. on Saturday, and 11:00 p.m. and 9:00 a.m. on Sunday, as to annoy or disturb the quiet, comfort or repose of persons in the same or any other dwelling, hotel or other type of residence. Any such noise that can be distinctly heard at a distance of more than 100 feet from its source shall be deemed excessive.
(3) The keeping of any animal or bird which, by causing frequent or long, continued noise, shall disturb the comfort and repose of any person in the vicinity. Any such noise that can be distinctly heard at a distance of more than 100 feet from its source shall be deemed excessive.
(4) The use of any automobile, railroad car, engine, motorcycle or vehicle so out of repair, so loaded, or in such a manner, as to create loud or unnecessary grating, bumping, grinding, rattling or other noise;
(5) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger, or the use of steam under pressure for cleaning purposes in any establishment between the hours of 10:00 p.m. and 7:00 a.m. of the following day, Monday through Friday; 10:00 p.m. and 8:00 a.m. on Saturday; and 10:00 p.m. and 9:00 a.m. on Sunday, when the windows of such establishment are open;
(6) The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, motor boat engine or motor;
(7) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(8) The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers within a residential area or in an area abutting a residential area;
(9) The sounding of any bell or gong attached to any building or premises which disturbs the quiet and repose of persons in the vicinity;
(10) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by creating noise, to any performance, show, sale or display of merchandise, except where a specific permit is received from the Chief of Police pursuant to a written application setting forth the necessary and urgency of such permit, which permit shall only be issued when the Chief of Police is satisfied that the issuance of such permit is necessary and will not result in any unnecessary and unseemly noise to the detriment of the health or comfort of any individual;
(11) The operation of a mechanical device or the use of a loudspeaker in the open which annoys or disturbs the quiet, comfort or repose of any person or persons on their premises. Any such noise that can be distinctly heard at a distance of more than 150 feet from its source shall be deemed excessive.
(12) The bumping of railroad cars or their operation in such a manner as to create loud or unnecessary noise between the hours of 9:00 p.m. and 7:00 a.m. of the following day, Monday through Friday, 9:00 p.m. and 8:00 a.m. on Saturday, and 9:00 p.m. and 9:00 a.m. on Sunday, on land adjoining a residential area.
(Ord. 260-1957. Passed 11-18-57; Ord. 251-1988. Passed 11-21-88; Ord. 167-1994. Passed 6-20-94; Ord. 253-1994. Passed 10-17-94.)
(c) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
In case of a refusal by the Chief of Police to issue a permit as set forth in Section 545.10(a)(10), the applicant may appeal from such action to a Board of Appeals composed of the Director of Public Safety, the President of Council and the Finance Director, or any officer who may be delegated to act for the foregoing officers or any one of them. Notice of such appeal shall be in writing and shall be filed with the Director of Public Safety within three days after the making of the order refusing such permit. Such Board of Appeals shall fix the time for the hearing of such appeal, at which hearing all parties interested shall be afforded an opportunity to be heard, and such Board of Appeals shall approve, modify or annul such order from which the appeal has been perfected and the findings of such Board of Appeals shall be conclusive on all parties thereto.
(Ord. 7902. Passed 8-21-44.)
(a) No person, by himself or herself or by the operation of any instrument, device, agency or vehicle, shall make any unnecessary or unseemly noise within 150 feet of any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged or infirm, or within 150 feet of any school, courthouse, church or building in which religious services are held, during school hours or hours of public worship, or hours of holding court, respectively. The area within 150 feet of a hospital, school, courthouse or church shall be officially known as a "zone of quiet" and the Police Chief shall place signs within such zones of quiet calling attention to the prohibition against unnecessary noise.
(Ord. 7902. Passed 8-21-44.)
(b) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(a) "Excessive noise," as used in this chapter, means any noise, or combination of noises, emanating from any source at a decibel level exceeding that herein described for each designated zoning specification, as follows:
Zoning Designation of the Property on on Which the Noise Source is Located | Maximum Decibel Level Permitted |
U1, U2 | 55 |
All U3 and ASF Districts | 55 |
U4, U5, all R Districts | 65 |
U6, U7, U8 | 70 |
(b) "Decibel," as used in this section, means the unit for measuring the volume of sound, equal to twenty times the base ten logarithm of the ratio of the measured pressure of a particular sound over a reference pressure of twenty micropascals (twenty micronewtons per square meter).
(Ord. 166-1994. Passed 6-20-94.)
(a) No child under the age of 12 years shall be upon any street, road, sidewalk, park or any other public place between 9:00 p.m. and 5:00 a.m. of the following day.
(b) No child 12 to 15 years of age shall be upon any street, road, sidewalk, park or any other public place between the hours of 10:00 p.m. and 5:00 a.m. of the following day.
(c) No child 16 or 17 years of age shall be upon any street, road, sidewalk, park or any other public place between the hours of 11:00 p.m. and 5:00 a.m.
(d) No parent, guardian or person in loco parentis shall allow a child to be in violation of divisions (a) through (c) of this section.
(e) The provisions of this section shall not apply to a minor accompanied by a parent, guardian or some responsible person 21 years of age or over, or a member of his or her family 18 years or older, or if he or she has a legitimate excuse for being upon public ways or places during the hours aforesaid.
(f) Any child violating the curfew imposed under this section shall be dealt with in accordance with Juvenile Court law and procedure.
(g) Any parent, guardian or person in loco parentis who is found in violation of division (d) hereof is guilty of a minor misdemeanor and shall be subject to the penalty as provided in Section 599.02.
(Ord. 37-1988. Passed 2-16-88; Ord. 131-2007. Passed 6-18-07.)
(a) No child between the ages of six and eighteen, inclusive, other than a child who has been suspended or expelled from school, shall be at any place within the City except in attendance at school during regularly scheduled class time during any school day, unless the child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian to supervise the child.
(b) Each parent or legal guardian of a child between the ages of six and eighteen, inclusive, shall have a duty to prohibit the child from behaving contrary to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division.
(c) It shall be an affirmative defense to divisions (a) and (b) of this section that the child, at the time he or she was found at a place other than in school, was not required by law to be in attendance at school.
(d) It shall be an affirmative defense to division (b) of this section that the parent or legal guardian initiated the jurisdiction of the Juvenile Court against the child prior to the time that the child was found violating division (n) of this section.
(e) A police officer or school attendance officer may transport any child found violating division (a) of this section to the child's residence and may release the child into the care of a parent or legal guardian, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school attendance officer based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls.
(f) Any child who violates division (a) of this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.
(g) Any person who violates division (b) of this section is guilty of negligently failing to supervise a child of compulsory school age, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 599.02.
(Ord. 187-1993. Passed 10-18-93; Ord. 128-2000. Passed 5-15-00.)
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