(a) It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unreasonable or unusually loud noise which disturbs, injures, or endangers the repose, health, peace or safety of other people of ordinary sensitivity within the vicinity of the noise.
(b) It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio, receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity with louder volume than is needed for convenient hearing in the room, vehicle, chamber or place in which the machine or device is operated. The operation of such a set, instrument, machine or device between the hours of 8:00 p.m. and 8:00 a.m. so that it is plainly audible at a distance of 50 feet from the building, structure, vehicle or place where it is located is prima facie evidence of a violation of this chapter.
(c) No person shall participate in or be in any party or gathering of people from which sound emanates at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity. A law enforcement officer may order all such persons present at any such party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this subsection; provided, however, that owners or tenants are not required to leave their own dwelling unit. Owners or tenants residing in the dwelling unit where the party or gathering occurs shall, upon request of a law enforcement officer, cooperate fully in abating the disturbance and failing to do so shall be in violation of this chapter. Sound from such gathering between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible at a distance of 50 feet from the building, structure or place where the gathering is located is prima facie evidence of a violation of this chapter.
(d) For purposes of this chapter, the term "neighboring inhabitants" includes those persons in single-family dwellings, multiple-family dwellings, boardinghouse rooms, hotel rooms or motel rooms within the vicinity of the noise.
(e) Persons planning a special event on private property in an area zoned for any type of residential classification may apply to the City for a Special Event Permit, subject to approval by the city council, to allow amplified sound or group noise beyond the times listed in paragraphs b and c, above. Said permit may set times for noise beyond those normally allowed and may also include reasonable conditions, provisions or requirements, including, but not limited to, approval of street barricades or necessary approval of temporary permits for the sale or serving of alcohol, pursuant to state law. If any conditions or requirements of the permit are violated, law enforcement shall order the persons present to come into compliance. If compliance cannot be obtained, then the law enforcement officer may take the steps in paragraph c, above, to disperse the persons present or issue notices to appear for violation of this subsection.
(f) Exemptions.
The requirements of this chapter shall not apply to the following, provided that all equipment is in repair and operated properly:
(1) Emergency work necessary to restore property to a safe condition or to protect a person and property from imminent danger;
(2) Emergency vehicles;
(3) Alarm systems;
(4) Trash and waste pickup operations;
(5) Noise resulting from activities of a temporary duration planned by school, governmental or community groups;
(6) Aircraft or railroads;
(7) Air conditioners and lawn care equipment;
(8) Construction operations; and
(9) Church bells or chimes.
(10) Business, manufacturing, or industrial operations in areas zoned as such.
(g) While operating, driving, or parking in a motor vehicle, to use or operate any electronic device, radio, television, or other device for the producing or reproducing of sound in such a manner that it disturbs the peace, quiet and comfort of persons in the vicinity of the motor vehicle. It shall be a violation of this section if the sound emanating from the electronic device, radio, television, or other device for producing or reproducing sound in or on the motor vehicle is audible from a distance of fifty (50) feet. This shall include the bass beat of amplified music.
(h) Statement of intent. No provision of this chapter shall be construed to limit or abridge the rights of any person to speak, peacefully assemble and express opinions. It is the purpose of this chapter to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises.
(i) Violations and penalties. Any person violating this chapter shall, upon conviction thereof, be guilty of a Class C misdemeanor.
(Ord. 582; Code 2007; Ord. 735)
(a) It shall be unlawful for any person to use a skateboard, roller skates, coaster or similar device in the following described area of the central business district, to wit: Main Street, between Poplar and Walnut Streets, including sidewalks, curbs, streets, street right-of-way, and driveway entrances and exits.
(b) Unlawful use of a skateboard is a status offense punishable by a fine not to exceed $100.00.
(Ord. 613, Secs. 1:2; Code 2007)
(a) Failure to appear is:
(1) willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with an offense or other violation of city ordinance and who has been released on bond for appearance before the municipal court for trial or other proceeding prior to conviction;
(2) Willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after conviction of an offense has become final by one who has been released on such bond by the municipal court.
(3) Any person who is released upon his own recognizance, without surety, or who fails to appear in response to a summons or traffic citation or notice to appear shall be deemed a person released on bond for appearance within the meaning of this section.
(b) Failure to appear is a Class B violation.
(Ord. 340; Code 2016)
(a) It shall be unlawful for any person to willfully and knowingly open, damage or remove any parking meter, coin telephone, vending machine dispensing goods, or services, money changer or any other device designed to receive money in the sale, use or enjoyment of property or services or any part thereof, with intent to commit theft.
(b) Damaging, opening or removing any such coin machine is a Class A violation.
(Ord. 340; Code 2016)
(a) It shall be unlawful for any person to possess or have under such person's control the substance commonly known as marijuana or any substance which contains any quantity of the hallucinogenic substance known as tetrahydrocannabinol.
(b) Any person who shall violate this section shall, upon conviction thereof:
(1) For a first conviction be deemed guilty of a Class B misdemeanor, and be fined a sum not more than one thousand dollars ($1,000.00) or be imprisoned for a period not exceeding six (6) months, or by both such fine and imprisonment;
(2) For a second conviction be deemed guilty of a Class A misdemeanor, and fined a sum not more than two thousand five hundred dollars ($2,500.00) or be imprisoned for a period not exceeding one (1) year, or by both such fine and imprisonment.
(Ord. 697; Code 2016)
(a) It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body.
(b) Any person who shall violate this section shall, upon conviction thereof, be deemed guilty of a Class A misdemeanor, and be fined a sum not more than two thousand five hundred dollars ($2,500.00) or be imprisoned for a period not exceeding one (1) year, or by both such fine and imprisonment.
(Ord. 698; Code 2016)