§ 92.40 NOISE CONTROL OF OUTDOOR IMPLEMENTS.

   Except as hereinafter provided, any power lawn mower, snow blower, power hedge clipper, power saw, or such other implement designed primarily for outdoor use shall be operated within the city only between the hours of 7:00 a.m. and 9:00 p.m., on weekdays, weekends, and state and federal holidays; provided, however, that such equipment, the operation of which conforms to the maximum allowable sound levels as prescribed in § 92.038, may be operated during the above prohibited hours.

(Ord. passed 3-2-1981) Penalty, see § 92.99

§ 92.41 MOTOR VEHICLE NOISE CONTROL.

   (A)   No person shall operate or permit to be operated either a motor vehicle or combination of vehicles of a type subject to registration at any time or under any condition of grade, load, acceleration, or deceleration in such manner as to exceed the following noise limit for the category of motor vehicle based on a distance of 50 feet from the center lane of travel within the speed limits specified in this section.

 

	Speed Limit of 35 MPH or less	Speed Limit of More than 35 MPH
Any motor vehicle with a manufacturer’s gross vehicle weight rating of 6,000 pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle (a) Before January 1, 1975 (b) On and after January 1, 1975	88 dbA 86 dbA	93 dbA 91 dbA
Any other motor vehicle and any combination of vehicles towed by such motor vehicle	82 dbA	87 dbA

 

   (B)   This section applies to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of law relating to motor vehicle exhaust noise. For the purpose of this section, a truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the manufacturer’s gross vehicle weight rating shall be considered as having a manufacturer’s gross vehicle weight rating of 6,000 pounds or more if the unloaded weight is more than 5,000 pounds. This section shall not apply to an authorized emergency vehicle.

(Ord. passed 3-2-1981) Penalty, see § 92.99

§ 92.42 PRESERVATION OF OTHER REMEDIES.

   The provisions of this subchapter shall be in addition to and shall not disturb either the right of the city or the right of individuals affected by the violation to pursue any other remedy for the abatement of a nuisance, or any other remedy which might or could be available under the law.

(Ord. passed 3-2-1981)

ON-SITE CITATIONS

§ 92.55 ADOPTION.

   The city enacts the ordinance codified within this subchapter, known as the “On-Site Citation Ordinance”. This subchapter becomes effective the day after it was passed, being April 4, 2022. Any prior on-site citation ordinance (“prior codes”) are hereby repealed and replaced with this subchapter. Any penalties or civil actions instituted under prior codes are still in effect until the resolution of such penalties or civil actions.

(Ord. 2022-07, passed 4-4-2022)

§ 92.56 PUBLIC NUISANCE DEFINED.

   For the purpose of this subchapter, a PUBLIC NUISANCE shall be taken to mean a thing or act, committed or permitted, failure to act, occupation or use of property which:

   (A)   Shall annoy, injure, or endanger the safety, health, comfort, or repose of any number of persons;

   (B)   Shall offend the public decency;

   (C)   Shall unlawfully interfere with, obstruct, or tend to obstruct or render dangerous for passage any public park, public playground, street, alley, or highway; or

   (D)   Shall in any way render any number of persons insecure in life or in the use and enjoyment of their property.

(Ord. 2022-07, passed 4-4-2022)

§ 92.57 NUISANCES AFFECTING HEALTH.

   The following are hereby declared to be public nuisances affecting health:

   (A)   All decayed or unwholesome food offered for sale to the public, or kept or maintained so as to be obnoxious;

   (B)   All diseased animals running at large;

   (C)   All ponds, pools of water, or vessels holding stagnant water in which mosquitoes can breed;

   (D)   Carcasses of animals not buried or otherwise disposed of in a sanitary manner within 18 hours after death;

   (E)   Accumulation of manure or rubbish which are breeding places for flies, mosquitoes, or vermin;

   (F)   Privy vaults and garbage cans which are not fly tight;

   (G)   All noxious weeds and other rank growth of vegetation upon public or private property;

   (H)   All public exposure of persons having contagious disease; and

   (I)   All other acts, omission of acts, occupations, and use of property which are in fact a menace or detriment to the public health, including nuisances that may also be identified under the State Building Code, as adopted by the city.

(Ord. 2022-07, passed 4-4-2022)