V. Offenses Against Public Peace
9.50.010 Disorderly conduct-Unlawful
A. It is unlawful for any person to intentionally, knowingly or recklessly:
1. Make a coarse and obviously offensive utterance, gesture or display in a public place when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace;
2. Abuse or threaten a person in a public place in an obviously offensive manner when such abusive or threatening act causes injury or tends to invite immediate breach of the peace; or
3. Fight with another in a public place except as a participant in a sporting event.
B. It is an affirmative defense to prosecution under subsection (A)(2) of this section where the actor has significant provocation for his abusive or threatening conduct. (Ord. O-77-16 § 2, 1977; Ord. O-74-1 § 1 (part), 1974).
9.50.020 Disrupting lawful assembly
It is unlawful for any person to disrupt a lawful assembly if, with the intent to prevent or disrupt any lawful meeting, procession or gathering, he significantly obstructs or interferes with the meeting, procession or gathering by physical action, verbal utterances or any other means. (Ord. O-74-1 § 1 (part), 1974).
9.50.030 Obstructing highway or other passageway
A. It is unlawful for any person without legal authority to intentionally, knowingly, or recklessly:
1. Obstruct a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone from his acts and the acts of others; or
2. Disobeys a reasonable request or order to move issued by a peace officer or a firefighter while such person is acting under color of his or her official authority, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
3. Obstruct a highway or other passageway where a funeral procession is taking place.
B. For the purposes of this section, “obstruct” means to render impassable to or to render passage unreasonably inconvenient or hazardous. (Ord. O-2006-21 § 13, 2006).
A. A person commits harassment if, with intent to harass, annoy, or alarm another person, he:
1. Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
2. In a public place directs obscene language or makes an obscene gesture to or at another person; or
3. Follows a person in or about a public place; or
4. Initiates communication with a person, anonymously or otherwise in writing, in a manner intended to harass or threaten bodily harm or property damage, or makes any comment, request, suggestion, or proposal in writing which is obscene; or
5. Initiates communication with a person, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene; or
6. Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
7. Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response, or
8. Makes repeated communication at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or other private property; or
9. Makes a credible threat to another person.
B. As used in this section, unless the context otherwise requires, “obscene” means a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts, whether or not said ultimate sexual acts are normal or perverted, actual or simulated, including masturbation, cunnilingus fellatio, anilingus, or excretory functions.
C. Any act prohibited by subdivision (4), (5), (6), or (8) of this subsection (A) may be deemed to have occurred or to have been committed at the place at which the writing, telephone call, electronic mail, or other electronic communication was either made or received.
D. “Credible threat” means a threat or physical action that would cause a reasonable person to be in fear for the person’s life or safety or the safety of his immediate family.
E. “Immediate family” includes the person’s spouse and the person’s parent, grandparent, sibling, or child. (Ord. O-2000-44 § 3 & 4, 2000; Ord. O-97-61 § 1, 1997; Ord. O-97-13 § 5, 1997; Ord. O-94-33 § 30, 1994; Ord. O-87-27 § 6 & 7, 1987; Ord. O-80-24 § 1, 1980; Ord. O-77-16 § 3, 1977; Ord. O-74-1 § 1 (part), 1974).
9.50.050 Interference with staff, faculty or students of educational institutions
A. It is unlawful for any person, on or near the premises or facilities of any educational institution, to willfully deny to students, school officials, employees and invitees:
1. Lawful freedom of movement on the premises; or
2. Lawful use of the property or facilities of such institution; or
3. The right of lawful ingress and egress to the institution’s physical facilities.
B. It is unlawful for any person, on the premises of any educational institution or at or in any building or other facility being used by any education institution, to willfully impede the staff or faculty of such institution in the lawful performance of their duties, or willfully impede a student of such institution in the lawful pursuit of his educational activities, through the use of restraint, coercion or intimidation, or when force and violence are present or threatened.
C. It is unlawful for any person to willfully refuse or fail to leave the property of, or any building or other facility used by, any educational institution upon being requested to do so by the chief administrative officer, his designees charged with maintaining order on the school premises and in its facilities, or a dean of such educational institution, if such person is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions of the institution.
D. It is unlawful for any person with intent to interfere with or disrupt the school program or with intent to interfere with or endanger school children, to loiter in a school building or on school grounds or within one hundred feet of school grounds when persons under the age of eighteen are present in the building or on the grounds, not having any reason or relationship involving custody of, or responsibility for, a pupil or any other specific, legitimate reason for being there, and having been asked to leave by a school administrator or his representative or by a peace officer. “Loiter” means to be dilatory, to stand idly around, to linger, delay, or wander about, or to remain, abide or tarry in a public place.
E. It shall be an affirmative defense that the defendant was exercising his right to lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an educational institution and its employees, any contractor or subcontractor, or any employee thereof.
F. A person shall not knowingly make or convey to another person a credible threat to cause death or to cause bodily injury with a deadly weapon against:
1. A person the actor knows or believes to be a student, school official, or employee of an educational institution; or
2. An invitee who is on the premises of an educational institution.
3. For the purposes of this subsection (F), “credible threat” means a threat or physical action that would cause a reasonable person to be in fear of bodily injury with a deadly weapon or death. (Ord. O-2006-21 § 14, 2006; Ord. O-87-27 § 8, 1987; Ord. O-74-1 § 1 (part), 1974).
9.50.060 Public buildings-Trespass, interference-Penalty
A. It is unlawful for any person to so conduct himself at or in any public building owned, operated or controlled by the city, the state or any of its political subdivisions, as to willfully deny to any public official, public employee or any invitee on such premises, the lawful rights of such official, employee or invitee to enter, use the facilities of, or to leave, any such public building.
B. It is unlawful for any person, at or in any such public building, to willfully impede any public official or employee in the lawful performance of duties or activities through the use of restraint, coercion or intimidation, or by force and violence or threat thereof.
C. It is unlawful for any person to willfully refuse or fail to leave any such public building upon being requested to do so by the chief administrative officer, or designee, charged with maintaining order in such public building, if such person has committed, is committing, threatens to commit or incites others to commit any act which did, or would if completed, disrupt, impair, interfere with or obstruct the lawful missions, processes, procedures or functions being carried on in such public building.
D. It is unlawful for any person, at any meeting or session conducted by any judicial, legislative or administrative body or official at, or in, any public building, to willfully impede, disrupt or hinder the normal proceedings of such meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session, or by any act designed to intimidate, coerce or hinder any member of such body or official engaged in the performance of duties of such meeting or session.
E. It is unlawful for any person, by any act of intrusion into the chamber or other areas designated for the use of any executive body or official, or in any public building, to willfully impede, disrupt or hinder the normal proceedings of such body or official. (Ord. O-94-33 § 31, 1994; Ord. O-74-1 § 1 (part), 1974).
9.50.070 Urination and defecation in public
It is unlawful for any person to urinate or defecate in the public view, whether in or on public or private property, except in a room or area designated and equipped for such purposes. (Ord. O-83-75 § 1, 1983).
9.50.080 Public indecency
A. It is unlawful for any person to commit public indecency. Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
1. An act of sexual intercourse; or
2. A lewd exposure of an intimate part as defined by Section 18-3-401(2), C.R.S. of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or
3. A lewd fondling or caress of the body of another person; or
4. A knowing exposure of the person’s genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
(Ord. O-2013-16 § 4, 2013; Ord. O-2012-8 § 6, 2012; Ord.O-2009-9 § 3, 2009; Ord. O-2007-28 § 7, 2007; Ord. O-85-3 § 1, 1985).
9.50.090 Invasion of privacy
A. It is unlawful for any person to knowingly observe or take a photograph of another person’s intimate parts without that person’s consent, in a situation where the person observed or photographed has a reasonable expectation of privacy.
B. For the purposes of this section, “intimate parts” means the external genitalia or the perineum of the anus or the buttocks or the pubes or the breast of any person.
C. For the purposes of this section, “photograph” includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, digitally, or chemically reproduced visual material.
(Ord. O-2013-16 § 5, 2013; Ord. O-2004-35 § 6, 2004; Ord. O-85-3 § 1, 1985).
9.50.100 Window peeping
A. It is unlawful for any person to knowingly look, peer, or peep in to any window, door, skylight, or other opening of any dwelling of another, in a situation where the person being observed has a reasonable expectation of privacy, without that person’s consent, with the intent of spying on another or invading another’s privacy, or going onto another’s premises for that purpose.
B. It shall be unlawful for any person to knowingly look, peer, or peep into any window, door, skylight, or other opening of any dressing room, locker room, rest room, shower stall, tanning booth, or any area containing bathing facilities in any commercial business, public facility, or private club, in a situation where the person being observed has a reasonable expectation of privacy, without that person’s consent, with the intent of observing another person in the act of dressing or undressing or in a state of nudity.
C. For the purposes of this section, a “state of nudity” means the appearance of a bare buttocks, anus, male genitals, female genitals, or female breast.
D. This provision shall not apply to any act committed by a peace officer in the lawful discharge of his duties. (Ord. O-97-13 § 7, 1997; Ord. O-93-72 § 1, 1993).
9.50.110 Criminal tampering
It is unlawful for any person to knowingly tamper with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another. (Ord. O-97-40 § 1, 1997; Ord. O-97-13 § 6, 1997).
9.50.120 Aggressive begging prohibited
A. No person shall engage in aggressive begging in any public place. Aggressive begging shall mean begging or soliciting accompanied by or followed immediately by one or more of the following:
1. Intentionally continuing to solicit from a person after the person has given a negative response to such solicitation;
2. Intentionally making any physical contact with or touching another person in the course of the solicitation without that person’s consent;
3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting;
4. Intentionally using violent or threatening gestures toward a person solicited which would cause a reasonable person to be fearful for his or her safety;
5. Persisting in closely following behind or alongside, or walking immediately ahead of a person who has been solicited with the intent of asking that person for money or other things of value, after the person solicited has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or anything of value to the solicitor;
6. Intentionally using profane, threatening, or abusive language, either during the solicitation or following a refusal to make a donation, which tends to invite an immediate breach of the peace; or
7. Approaching or following a person for solicitation as part of a group of two (2) or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage or loss of property or otherwise to be intimidated into giving money or other thing of value.
B. This Section shall not apply to conduct that is regulated by either Chapter 12.17 or Chapter 12.18 of the Lakewood Municipal Code. (Ord. O-2004-36 § 1, 2004).
9.50.130 Begging in certain locations prohibited
A. No person shall beg on private property if the owner, tenant, or person in lawful control of the property has asked the person to leave or has asked the person to refrain from soliciting on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.
B. No person shall beg when either the beggar or the person being solicited is located within twenty (20) feet of any automated teller machine. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility.
C. No person shall beg when either the beggar or the person being solicited is located in any public transportation vehicle or within twenty (20) feet of any bus or light-rail station or stop.
D. No person shall beg in any parking lot or parking structure to which the public or a substantial number of the public has access.
E. No person shall beg within six (6) feet of an entrance to a building to which the public has access.
F. No person shall beg when the person being solicited is located within the patio or sidewalk area of a retail business establishment that serves food and/or beverages.
G. No person shall beg in a public place during the night. Night shall mean one-half hour after sunset until one-half hour before sunrise.
H. No person shall beg when either the beggar or the person being solicited is located within twenty (20) feet of a public toilet.
I. No person shall beg when either the beggar or the person being solicited is located within twenty (20) feet of any pay telephone provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility.
J. No person shall beg when the person being solicited is waiting in line for tickets, for entry into a building, or for another purpose.
K. For the purposes of this Section, the words and phrases used herein, unless the context otherwise indicates, shall have the following meaning:
1. Automated teller machine shall mean a device, linked to a financial institution’s account record which is able to carry out transactions, including, but not limited to account transfers, deposits, cash withdrawals, balance inquires, and mortgage and loan payments.
2. Automated teller machine facility shall mean the area comprised of one (1) or more automatic teller machines, and any adjacent space, which is made available to banking customers after regular banking hours.
3. Begging or soliciting are interchangeable terms and shall mean any solicitation made in person requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this Section. Begging does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.
4. Financial institution shall mean any bank, industrial bank, credit union, or savings and loan as defined in Title 11 of the Colorado Revised Statutes.
5. Public place shall mean a place to which the public or a substantial number of the public has access, and includes but is not limited to any street, sidewalk, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.
L. This Section shall not apply to conduct that is regulated by either Chapter 12.17 or Chapter 12.18 of the Lakewood Municipal Code. (Ord. O-2012-8 § 7, 2012; Ord. O-2004-36 § 2, 2004; Ord. O-97-40 § 1, 1997; Ord. O-97-13 § 6, 1997).
9.51.010 Findings of fact
The City Council finds:
A. Juveniles congregating in the city on public streets and public places in the late evening and early morning hours have caused general disturbances to residents, disorderly assemblies, fights, and have been involved in an excessive number of other criminal activities such as drug and alcohol related crimes, thefts, violent crimes against persons, and property crimes.
B. Juveniles loitering in public during the nighttime hours are frequently the victims of criminal activity perpetrated by both juveniles and adults.
C. Special regulation of juveniles is necessary to protect juveniles from each other and from other persons in public during nighttime hours, to aid in crime prevention, to promote parental supervision and authority over juveniles, to assist parents to assert control and responsibility over their children, to decrease nighttime juvenile criminal activity, and to protect the public from nighttime criminal activities by juveniles. (Ord. O-93-53 § 1 (part), 1993).
For the purposes of this chapter, the words and phrases used herein, unless the context otherwise indicates, shall have the following meaning:
“Loiter” or “loitering” means to remain idle in essentially one location, to be dilatory, to tarry, to dawdle, whether in or out of a motor vehicle, and shall include but not be limited to standing around, hanging out, sitting, kneeling, sauntering, or prowling.
“Permit or allow” means to consent, to tolerate, to give permission, to authorize, or to give opportunity. (Ord. O-93-53 § 1 (part), 1993).
9.51.030 Juvenile nighttime loitering
It is unlawful for any person under the age of eighteen years to loiter on or about any street, avenue, highway, road, sidewalk, curb, gutter, parking lot, alley, vacant lot, park, playground, yard, building, place of amusement, or eating place, whether public or private, without the consent or permission of the owner or occupant thereof, between the hours of eleven p.m. on any day and six a.m. of the following day; provided, however; that on Saturday and Sunday the effective hours of this prohibition are between twelve a.m. and six a.m. of the same day. No violation of this provision will have occurred if the person under the age of eighteen years is accompanied by a parent, guardian, or other adult person over the age of twenty-one years who is authorized by a parent or guardian of such juvenile to take said parent’s or guardian’s place in accompanying said juvenile for a designated period of time and purpose within a specified area. (Ord. O-93-53 § 1 (part), 1993).
9.51.040 Parental responsibility for juvenile nighttime loitering
It is unlawful for the parent, guardian, or other adult person having the care and custody of a juvenile under the age of eighteen years to knowingly permit or allow such juvenile to loiter at the places and within the time prohibited by Section 9.51.030 of this chapter. The term “knowingly” includes knowledge which a parent should be reasonably expected to have concerning the whereabouts of a juvenile in that parent’s or guardian’s custody. It shall be no defense that a parent, guardian, or other person having the care and custody of the juvenile was indifferent to the activities, conduct or whereabouts of such juvenile. No violation of this provision will have occurred if the responsible adult has made a missing person notification to his local police department prior to the juvenile’s violation of Section 9.51.030 of this chapter. (Ord. O-93-53 § 1 (part), 1993).
9.52.010 Short title
This chapter shall be known as the Lakewood noise control ordinance. (Ord. O-86-42 § 1 (part), 1986).
9.52.020 Declaration of policy
It is declared that at certain levels, noise is detrimental to public health, comfort, convenience, safety and welfare of the citizens of the city. This chapter is enacted to protect, preserve and promote the health, welfare, peace and quiet of the citizens of Lakewood through the reduction, prohibition and regulation of noise. It is the intent of this chapter to establish and provide for sound levels that will eliminate unreasonable and excessive noise, reduce community noise, promote a comfortable enjoyment of life, property and conduct of business, and prevent sound levels which are physically harmful and detrimental to individuals and the community. (Ord. O-86-42 § 1 (part), 1986).
The following definitions shall apply in the interpretation and enforcement of this chapter.
“Commercial district” means the following: (A) an area where offices, clinics and the facilities needed to serve them are located; (B) an area with local shopping and service establishments; (C) a tourist-oriented area where hotels, motels and gasoline stations are located; (D) a business strip along a main street containing offices, retail businesses and commercial enterprises; (E) other commercial enterprises and activities which do not involve the manufacturing, processing or fabrication of any commodity. “Commercial district” includes, but is not limited to, any parcel of land zoned as a convenience commercial district, a neighborhood commercial district, a community commercial district, a commercial district, a large lot commercial district or an office district, under the zoning ordinance of the city.
“Commercial purpose” means and includes the use, operation or maintenance of any sound or amplifying equipment, for the purpose of advertising any business, any goods or any services, or for the purpose of attracting the attention of the public to or advertising for or soliciting the patronage of customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment.
“Construction activities” means any and all activity incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, structures, roads or appurtenances thereto, including land clearing, grading, excavating and filling.
“Continuous noise” means a steady, fluctuating or impulsive noise which exists, essentially without interruption, for a period of ten minutes or more, with an accumulation of an hour or more during a period of eight hours.
“Device” means any mechanism which is intended to produce or which actually produces sound when operated or handled.
“Dynamic braking device” means a device used primarily on trucks for the conversion of the motor from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
“Emergency work” is work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger or potential danger.
“Industrial district” means an area in which enterprises and activities which involve the manufacturing, processing or fabrication of any commodity are located. “Industrial district” includes, but is not limited to, any parcel of land zoned as an industrial district or a planned development district with uses permitted in an industrial district under the zoning ordinance of the city.
“Motor vehicle” means any vehicle, such as, but not limited to, a passenger vehicle, truck, truck-trailer, trailer or semi-trailer, propelled or drawn by mechanical power, and includes motorcycles, snowmobiles, minibikes, go-carts and any other vehicle which is self-propelled.
“Muffler” means any apparatus consisting of a series of chambers or baffle plates designed for the purpose of transmitting gases while reducing sound emanating from such apparatus.
“Noncommercial purpose” means the use, operation or maintenance of any sound-amplifying equipment for other than a commercial purpose. “Noncommercial purpose” means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes.
“Residential district” means an area of single or multiple-family dwellings and includes areas where multiple-unit dwellings, high-rise apartments and high-density residential districts are located. “Residential district” also includes, but is not limited to, hospitals, nursing homes, homes for the aged, schools, courts and similar institutional facilities. “Residential district” includes, but is not limited to, land zoned as a large lot residential district, a small lot residential district, a duplex residential district, a high-density residential district, a medium-density residential district, or a mobile home residential district under the zoning ordinance of the city.
“Sound-amplifying equipment” means any machine or device for the amplification of a human voice, music or any other sound, or by which the human voice, music or any other sound is amplified.
“Unreasonable noise” means any excessive or unusually loud sound, or any sound which disturbs the peace and quiet of any neighborhood or causes damage to any property or business. (Ord. O-94-33 § 32 & 33, 1994; Ord. O-86-42 § 1 (part), 1986).
9.52.040 Unlawful to make
No person shall knowingly make or continue, or cause to be made or continued, any unreasonable noise within the city. (Ord. O-86-42 § 1 (part), 1986).
9.52.050 Unlawful noises generally
The following acts, enumerated in Sections 9.52.060 through 9.52.160, are declared to cause unreasonable noises in violation of this chapter; provided, however, that the following enumeration is not in limitation of Section 9.52.040, and is not exclusive. (Ord. O-86-42 § 1 (part), 1986).
9.52.060 Bells and chimes
No person shall use, operate, cause or permit to be sounded any bell or chime, or any device for the production or reproduction of the sounds of bells or chimes, from any church, clock or school, between the hours of ten p.m. of one day and seven a.m. of the following day. (Ord. O-86-42 § 1 (part), 1986).
9.52.070 Radios, television sets, phonographs and similar devices-Use restrict
It is unlawful for any person to use, operate or permit to be played any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound in such a manner as to cause any unreasonable noise. (Ord. O-94-33 § 34, 1994; Ord. O-86-42 § 1 (part), 1986).
9.52.080 Animals or birds
No person shall keep or maintain or permit the keeping of, on any premises owned, occupied or controlled by such person, any animal or bird otherwise permitted to be kept, which by frequent or habitual howling, barking, meowing, squawking or other noise unreasonably disturbs the peace and quiet of any neighborhood or causes discomfort or annoyance to any person. (Ord. O-86-42 § 1 (part), 1986).
No person shall discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, air compressor equipment, motorboat, motor vehicle or other power device, which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unreasonable noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. (Ord. O-86-42 § 1 (part), 1986).
9.52.100 Defect in vehicle or load
It is unlawful for any person to operate, or cause or permit to be operated or used, any automobile, truck, motorcycle or other motor vehicle so out of repair, so loaded or in such a manner as to cause any unreasonable noise. (Ord. O-94-33 § 35, 1994; Ord. O-86-42 § 1 (part), 1986).
9.52.110 Quiet zone
The creation of any unreasonable noise is prohibited within the vicinity of any school, institution of learning, church or court while the same is in use or session, which unreasonably interferes with the workings of such institution, or within the vicinity of any hospital, nursing home or home for the aged, or which disturbs or unduly annoys patients in the hospital or residents in the nursing home or home for the aged, provided conspicuous signs are displayed in adjacent, surrounding or contiguous streets indicating that the same is a school, hospital, nursing home, home for the aged, church or court. (Ord. O-86-42 § 1 (part), 1986).
9.52.120 Dynamic braking devices
No person shall operate any motor vehicle with a dynamic braking device engaged which is not properly muffled. (Ord. O-86-42 § 1 (part), 1986).
9.52.130 Truck loading
No person shall load any garbage, trash or compactor truck, or any other truck, whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted within a residential district or within three hundred feet of any hotel, motel, or residential district between the hours of ten p.m. of one day and seven a.m. of the following day.
(Ord. O-2001-34 § 5; Ord. O-86-42 § 1 (part), 1986).
9.52.140 Construction activities
Except as otherwise provided in this chapter, no person shall engage in, cause or permit any person to be engaged in construction activities in any residential or commercial district between the hours of nine p.m. of one day and six a.m. of the following day. Construction activities directly connected with the abatement of an emergency are excluded from the provisions of this section. (Ord. O-86-42 § 1 (part), 1986).
9.52.150 Power equipment
No person shall operate or permit to be operated on any private property, or on the public way within any residential or commercial district(s), any power equipment used for home or building repair or grounds maintenance, or any construction equipment used for construction activities, between the hours of ten p.m. of one day and seven a.m. of the next day. Such power equipment shall include, but not be limited to, lawn mowers, garden tools, snow removal equipment, electric or chain saws, pavement breakers, log chippers, riding tractors, or powered hand tools. (Ord. O-86-42 § 1 (part), 1986).
9.52.155 Temporary exemption from ordinance
A. Applications for a temporary exemption from the provisions of Sections 9.52.140 and 9.52.150 shall be made to the City Manager or his designee.
B. In approving or denying a temporary exemption, consideration shall be given to effective dates, hours of operation, type of noise, location, loudness, equipment noise characteristics and public health, safety and welfare.
C. Any temporary exemption approved hereunder may provide for, without limitation, a public information program prior to construction, restrictions on effective dates, hours of operation, type of noise, location, loudness, and equipment type relating to that particular activity giving rise to the relief requested.
D. The City Manager shall promptly notify the City Council of each temporary exemption approved. (Ord. O-92-4 § 1, 1992).
9.52.160 Amplified sound
A. No person shall use or operate any loudspeaker, public address system, or other sound-amplifying equipment for the purpose of giving instructions, directions, talks, addresses or lectures, or for transmitting music or sound to any persons or assemblages of persons, between the hours of ten p.m. of one day and seven a.m. of the following day, in such a manner as to be plainly audible at the property line. The intensity and loudness of any amplified sound, which is transmitted between the hours of seven a.m. and ten p.m. of one day, shall not be unreasonable.
B. No person shall use or operate any loudspeaker, public address system, or other sound-amplifying equipment in a motor vehicle in such a manner as to be plainly audible at twenty-five feet from the motor vehicle, unless a permit has been issued by the City Clerk pursuant to Section 9.52.190 which allows such amplification. If such a permit has been issued, the intensity and loudness of any amplified sound, which is transmitted between the hours of seven a.m. and ten p.m. of one day, shall not be unreasonable.
C. The provisions of this section shall not apply to any bell or chime or any device for the production or reproduction of the sound of bells or chimes from any church, clock or school.
D. The provisions of this section shall not apply to sound made on property owned by, controlled by, or leased to the city, the federal government, or to any branch, subdivision, institution or agency of the government of this state or any political subdivision within it, and when such sound is made by an activity of the governmental body or sponsored by it or by others pursuant to the terms of a contract, lease, or permit granted by such governmental body. (Ord. O-2002-16 § 1, 2002; Ord. O-86-42 § 1 (part), 1986).
9.52.170 Application for permit to use sound-amplifying equipment in a motor vehicle
Any person, partnership, association, or corporation desiring to use or operate any loudspeaker, public address system, or other sound-amplifying equipment in or from a motor vehicle for either commercial or noncommercial purposes must first obtain a permit from the City Clerk. The permit may authorize the use or operation of such sound-amplifying equipment between the hours of seven a.m. and ten p.m. of one day. The application for the permit shall be filed with the City Clerk and shall provide the following information:
A. The name, address and telephone number of both the owner and the user of the sound-amplifying equipment;
B. The license number of the motor vehicle which is to be used;
C. The general description of the sound-amplifying equipment which is to be used;
D. Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes; and
E. The dates upon which and the streets over which the equipment is proposed to be operated. (Ord. O-86-42 § 1 (part), 1986).
9.52.190 Permit issuance
Permits required by Sections 9.52.170 may be issued by the City Clerk if the City Clerk finds that the conditions of motor vehicle movement or pedestrian movement are such that the use of the equipment will not constitute an unreasonable interference with traffic safety, that the applicant will not violate the hour restrictions of the permit, and that the use of the sound-amplifying equipment will not disturb the peace and quiet of any neighborhood. An applicant may appeal the denial of a permit by the City Clerk to the City Manager if such appeal is filed in writing with the City Manager within seven days of the denial of said permit by the City Clerk. The City Manager or his designee shall conduct any hearing and/or review of the denial of the permit request, and his decision shall be final. The City Manager may promulgate rules and regulations or procedures to govern any such hearing and/or review. (Ord. O-2002-16 § 3, 2002; Ord. O-86-42 § 1 (part), 1986).