§ 90.01 DEFINITIONS.
   For the purpose of this chapter, the following mean:
   ABATEMENT. The process of eliminating a condition that adversely affects the health and safety.
   ANIMAL HUSBANDRY. The keeping or raising of farm animals including, but not limited to horses, cattle, sheep, goats and pigs, except as approved as a conditional use permit, defined in the City’s Zoning Ordinance.
   CAMPING. No person shall camp in or on public property that is not specifically designated for such purpose. Camping shall include staying for all or part of a night in the open or in temporary lodging, such as cars, tents, campers, trailers or motor homes.
   CURFEW. No person under the age of 18 shall idle, wander, stroll, or play in or upon the public streets, sidewalks, parks, playgrounds or other unsupervised places, between the hours of 10:00 p.m. and 4:00 a.m. unless:
      (1)   The person is accompanied by a parent or legal guardian.
      (2)   The person is engaged in a lawful activity which requires the person’s presence after the hours noted above.
      (3)   The person is emancipated pursuant to O.R.S. 419B.550 to 419B.558.
   DANGEROUS BUILDINGS. Buildings in such a condition to affect public health, safety and/or welfare including but not limited to:
      (1)   A structure that, for lack of proper repairs, or because of age and dilapidated condition, or of poorly installed or defective wiring, plumbing, gas, or other utilities, or for any other reason, is liable to cause fire, and which is situated or occupied in a manner that endangers other property or human life;
      (2)   A structure containing combustible or explosive material or inflammable substances liable to cause fire or danger to the safety of the building, premises or to human life;
      (3)   A structure that is in a filthy or unsanitary condition liable to cause the spread of contagious or infectious disease;
      (4)   A structure in such weak, dilapidated or deteriorated condition that it endangers a person or property because of the probability of partial or entire collapse.
   DISCHARGE OF WEAPONS. The firing, dis-charging or use of a gun, weapon, slingshot, crossbow, bow and arrow, or weapon, by any person other than a peace officer, or person(s) designated by a police officer, that propels a projectile by force of pressurized air or gas or gun powder or other explosive, jet or rocket propulsion within the city.
   DOG CONTROL. The owner or keeper of a dog shall not allow the dog to become a public nuisance. A dog is a nuisance if it:
      (1)   Is not on the premises of its owner or keeper, if not on a leash.
      (2)   Bites, injures or causes injury to a person.
      (3)   Chases or threatens vehicles or persons.
      (4)   Damages or destroys property other than that of its owner or keeper.
      (5)   Scatters garbage.
      (6)   Trespasses onto private property.
      (7)   Disturbs other persons by frequent or prolonged barking or other noises.
      (8)   Is rabid.
      (9)   Obstructs the reasonable use of public or private property.
   DRINKING IN PUBLIC PLACES.
      (1)   No person shall drink or consume alcoholic liquor in or on a motor vehicle, public sidewalk, street, alley, mall, parking lot or structure, school property or other public place unless the place has been licensed for that purpose by the Oregon Liquor Control Commission.
      (2)   This shall not prohibit the consumption of alcoholic liquor in the above listed public places during special events for which the operators(s) have obtained a special permit from the city and have obtained a special permit from the Oregon Liquor Control Commission.
   EXOTIC ANIMALS. The keeping or raising of wild or exotic animals including, but not limited to lions, tigers, other big cats, deer, bear, antelope, wolves, snakes, buffalo, alligators, wild reptiles, dangerous animals or insects.
   ILLEGAL LODGING. No person shall lodge in, or occupy a car, outbuilding or other place not intended for that purpose.
   LODGING IN RECREATIONAL VEHICLES. The following regulations pertain to recreational vehicles parked outside of recreational vehicle parks, mobile home or manufactured home parks, or other areas that are specifically designated for such vehicles.
      (1)   No person shall occupy a recreational vehicle for sleeping or living purposes on a public street or right-of-way.
      (2)   No person having ownership, or other responsibility for property in Shady Cove, shall occupy or allow the occupancy of any recreational vehicle upon the premises as a permanent living quarters, unless approved for such use by the Shady Cove City Council.
      (3)   A recreational vehicle may be parked on private property and used for sleeping and cooking purposes by guests of the residents of the premises for a period not to exceed 30 days within any three-month period of the year, provided the vehicle has self contained sewage facilities or the vehicle’s occupants are utilizing the facilities in their host’s residence, unless approved for a longer period in advance, by the Shady Cove City Council.
      (4)   Any unoccupied recreational vehicle shall not be stored on any roadway or within any public right-of-way.
      (5)   A recreational vehicle shall not occupy a space within an approved mobile home park unless that space has been specifically approved by the city for short-term recreational vehicle use.
   NOXIOUS VEGETATION. The presence of vegetation on property outside of the Riparian Zone or in the right-of-way of a street, alley, or sidewalk abutting the property, anytime during the year including:
      (1)   Weeds or grass more than ten inches high.
      (2)   Blackberry bushes that extend into a public thoroughfare or across a property line.
      (3)   Poison oak or ivy.
      (4)   Vegetation that is a health hazard, a fire hazard or other hazard because it is near other combustibles, or a traffic hazard because it impairs the view of the public thoroughfare or otherwise makes use of the thoroughfare hazardous for pedestrians and/or vehicles.
      (5)   Vegetation within defined Riparian Zones will be maintained per the Riparian Ordinance.
   NUISANCES AND OFFENSES. Conditions that adversely affect public health, safety or welfare.
   PERSON. A natural person, firm, partnership, association or corporation, whether acting as an individual for themselves, or as the clerk, servant, employee or agent of another.
   PERSON IN CHARGE OF PROPERTY. An owner, agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project.
   PERSON RESPONSIBLE. The owner or the person in charge of the property.
   PUBLIC INDECENCY. An act of urination or defection, except in toilets provided for that purpose.
   TEMPORARY SIGNS. Temporary signs include, but are not limited to election, campaign, and yard/ garage sale signs.
   UNENUMERATED NUISANCES AND OFFENSES. Nuisances and offenses not specifically enumerated in this chapter including a substance or act that is determined to be injurious to public health, safety, or welfare.
   UNNECESSARY NOISE. Any unreasonably frequent and prolonged noise which interferes with the health and/or public welfare, including, but not limited to:
      (1)   The keeping of any bird or animal which, by causing frequent or prolonged continuous noise, shall disturb the comfort and repose of any person in the vicinity.
      (2)   The use of a vehicle engine, either stationary or moving, so out of repair, loaded or operated as to create any loud or unnecessary grating, grinding, rattling or other noise.
      (3)   The sounding of a horn or signaling device on a vehicle on a street, or public or private place, except as necessary warning of danger.
      (4)   The use of mechanical devices operated by compressed air, steam or otherwise, unless the noise thereby created is effectively muffled.
      (5)   The use of a gong or siren upon a vehicle, other than police, fire or other emergency vehicle.
      (6)   Noise from construction activities including erection, excavation, demolition, alteration, repair between 6:00 p.m. and 7:00 a.m., except in case of urgent necessity in the interest of the public welfare and safety as determined by the city.
      (7)   The owner of a property may conduct such activities on property occupied by the owner between the hours of 7:00 a.m. and 9:00 p.m. providing such activity does not unnecessarily affect the public health, safety and/or welfare.
      (8)   The creation of excessive noise on a street adjacent to a school, institution of learning, church or court of justice while same are in use, or adjacent to a hospital or institution for the care of the sick or infirm, which unreasonably interferes with the operation of such institution, or which unduly disturbs or annoys patients, and clients.
      (9)   The discharge of the exhaust of a steam engine, internal combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke.
      (10)   The use or operation of an automatic or electric piano, phonograph, radio, television, loudspeaker or any instrument for sound producing or any sound amplifying device as to disturb person in the vicinity thereof or in such a manner as renders the use thereof a nuisance. Upon application to the city, permits may be granted to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches or general entertainment as part of a public event, festival or outstanding event of a noncommercial nature. The amplification shall not be audible at a distance of more than 1,000 feet from the source of amplification, and in no event shall a permit be granted where any obstruction to the free and uninterrupted traffic, both vehicular and pedestrian, will result.
      (11)   The conducting, operating or maintaining of a garage within 100 feet of a residential unit in such a manner as to cause loud or disturbing noises between the hours of 9:00 p.m. and 7:00 a.m.
      (12)   The making of a noise by crying, calling or shouting or by means of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device for the purpose of advertising goods, wares or merchandise or of attracting attention or inviting patronage of a person to a business.
(Ord. 304, passed 1-20-2022)