§ 12-11. Keeping and maintaining disorderly property.

(a)

Offense. A person who keeps and maintains, either by himself or with others, a common, ill-governed, and disorderly property, to the encouragement of gaming, drinking, or other misbehavior, or to the common disturbance of the neighborhood or orderly citizens, is guilty of a misdemeanor.

(b)

Creation of loud or unnecessary noise prohibited.

(1)

It shall be unlawful for any person to make, continue, or cause to be made or continue, any loud, unnecessary or unusual noise, which disturbs, injures, or endangers, the comfort, repose, health, peace, or safety of other person(s) within the city. This prohibition shall include, but is not limited to, the playing of portable radios or recording playback devices.

(2)

It shall be unlawful for any person to disturb, tend to disturb, or aid in disturbing the peace of others, or endanger the comfort, repose, health, or safety of others by violent, offensive, or obstreperous conduct, and no person shall knowingly permit such conduct upon any premise owned or possessed by any person or under that person's control.

(3)

It shall be unlawful for any person to use, operate, or permit to be played, used, or operated any radio or television receiving set, musical instrument, phonograph or other playback machine or device for the producing or reproducing of sound in such a manner as to disturb the quiet, comfort, peace, repose, health, or peace of the neighborhood inhabitants.

(4)

The use, by any person engaged in any business enterprise, of any loudspeaker, amplifier, megaphone, sound track, or any other mechanical or electrical device used in the making of loud and unnecessary noises is prohibited as a nuisance at any place within the city.

(5)

The city council delegates to the city manager the authority to permit outdoor functions and activities which are nontraditional, such as street dances, parking lot dances, and promotions, and similar activities, and which might tend to produce high noise levels by way of amplified music or other sources. The intention of this subsection is to allow such activities under controlled conditions and where appropriate steps have been taken to reduce the likelihood of annoying or disturbing the peace and comfort of persons in the immediate vicinity of the proposed activity. This subsection is not intended to address or control traditional outdoor activities such as ball games, picnics, and church related or civic gatherings. The decision of whether to permit an activity covered by this section shall be that of the city manager under such terms and conditions, as he/she deems necessary to meet the intent of this section.

(c)

Nuisances defined. Anything which is injurious to the health, comfort, or convenience of the inhabitants of the city, or which tends to annoy the inhabitants of the city, shall be deemed a nuisance for purposes of this section.

(d)

Failure to abate upon notice. Any person maintaining or causing to be maintained a nuisance on their property or elsewhere in the city shall, upon notice given by the chief of police or his designee, immediately abate such nuisance and upon failure to do so shall be cited to appear at the municipal court of the city, of which shall have jurisdiction to hear and determine the question of the existence of such nuisance and, if found to exist, to order its abatement. Upon the municipal court finding that a nuisance exists and ordering its abatement, any person failing and refusing to abate such nuisance shall be guilty of a violation of this Code of Ordinances.

(e)

Abatement by city. The city shall have the right, upon the failure and refusal of any person to abate a nuisance after he has been ordered to do so by the municipal court, to abate the nuisance, and should there be expenses attending such abatement, the city shall have the right to assess the expenses against the person so offending. The city shall have the right to issue an execution against such person for said expenses, which execution shall constitute a lien against the property of such person. The chief of police shall have the right to levy the same, and the sale of said property shall be had in accordance with the law governing execution sales for the city.

(Ord. No. 0-05-08, 9-20-05)