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Sec. 14-69. - Penalty for violation of section 14-67.
(a) Any person convicted of violating any provision of section 14-67(a) or (c) of this Code shall be punished upon a first conviction by imprisonment for a period not exceeding thirty (30) days or by a fine not exceeding one hundred dollars ($100.00), or by both such imprisonment and fine, and on a second or subsequent conviction shall be punished by imprisonment for a period not exceeding six (6) months or by a fine not exceeding two hundred fifty dollars ($250.00), or by both such imprisonment and fine.
(b) Any persons convicted of violating any provision of section 14-67(b) of this Code shall be punished upon a first conviction by imprisonment for a period not exceeding six (6) months or by a fine not exceeding two hundred fifty dollars ($250.00), or by both such imprisonment and fine, and on a second or subsequent conviction shall be punished by imprisonment for a period not less than thirty (30) days nor more than twelve (12) months, or by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by both such imprisonment and fine.
(Ord. No. 303-79, § 7, 12-13-79; Ord. No. 102-85, § 8, 5-30-85)
(1) Construction means any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition for or on public or private rights-of-way, structures, utilities or similar property.
(2) Demolition means any dismantling or intentional destruction or removal of structures, utilities, public or private right-of-way, surfaces, or similar property.
(3) Dwelling unit means one (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for occupancy by a family as owner, by rental or lease on a weekly, monthly or longer basis and physically separated from any other rooms or dwelling units which may be in the same building, and containing independent cooking and sleeping facilities.
(4) Dwelling unit boundary means a real or imaginary boundary which separates one (1) dwelling unit from another dwelling unit, including, but not limited to, walls, ceilings and floors in a building containing more than one (1) dwelling unit or in situations involving detached single dwelling unit[s], the real property boundary line of the unit.
(5) Motor vehicle means every vehicle defined as a motor vehicle in section 18-1(15) of this Code.
(6) Motorcycle means every vehicle defined as a motorcycle in section 18-1(14) of this Code.
(7) Noise disturbance means any sound which:
a. Endangers or injures the safety or health of humans or animals;
b. Annoys or disturbs a reasonable person of normal sensitivities; or
c. Endangers or injures personal or real property.
(8) Person means any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.
(9) Powered model vehicle means any self-propelled airborne, waterborne or landborne plane, vessel or vehicle, which is not designated to carry persons, including, but not limited to, any model airplane, boat, car or rocket.
(10) Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.
(Ord. No. 115-82, § 1, 7-1-82; Ord. No. 192-92, § 6, 10-29-92; Ord. No. 293-2000, § 1, 9-28-00)
In addition to the specific prohibitions outlined in section 14-72, no person shall make, continue, or cause to be made, continued or permitted any noise disturbance on or across a public right-of-way or a public place. This section shall not apply to noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way.
(Ord. No. 115-82, § 1, 7-1-82; Ord. No. 293-2000, § 2, 9-28-00)
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