For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) The owner of the property on which the nuisance originated.
(2) The person in charge of property, as defined in this section.
(3) The person who caused a nuisance, as defined in this subchapter or another ordinance of the city, to come into or continue in existence.
No person shall cause or permit a nuisance affecting public health on property owned or controlled by him. The following are nuisances affecting public health and may be abated as provided in this subchapter:
(A) Open vaults or privies constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with State Health Division regulations.
(B) Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of the city.
(C) Stagnant water that affords a breeding place for mosquitoes and other insect pests.
(D) Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water.
(E) Decayed or unwholesome food offered for human consumption.
(F) Premises that are in a state or condition as to cause an offensive odor or that are in an unsanitary condition.
(G) Drainage of liquid wastes from private premises.
(H) Cesspools or septic tanks that are in an unsanitary condition or that cause an offensive odor.
(I) Mastics, oil, grease or petroleum products allowed to be introduced into the sewer system by a user connected to the sewer system. (Ord. 1750, passed 10-28-91) Penalty, see 92.99
No person shall create a hazard by:
(A) Maintaining, leaving, abandoning, discarding or storing in the open, in a place accessible to children, a container with a compartment of more than 12 cubic feet capacity and a door or lid that locks or fastens automatically when closed and that cannot be easily opened from the inside, including but not limited to ice boxes, refrigerators or freezers.
(B) Being the owner or otherwise having possession of property on which there is a well, cistern, cesspool, excavation, or other hole of a depth of four feet or more, and a top width of 12 inches or more and failing to cover or fence it with a suitable protective construction.
(Ord. 1750, passed 10-28-91) Penalty, see ' 92.99 Cross-reference: Attractive nuisances, see '92.11
(A) No owner or person in charge of property within 100 feet of a public access, roadway, adjacent or abutting streets, alleys, other adjacent or abutting properties, or from any combustible structure, including a fence, shall permit weeds or other noxious vegetation to grow upon his property over 15 inches high. The owner or person in charge of property shall cut down, destroy or remove grass, shrubbery, brush, weeds, or other noxious vegetation as often as necessary to prevent them from becoming a fire hazard, or from maturing or going to seed.
(B) For purpose of this section, NOXIOUS VEGETATION means:
(1) Vegetation that is, or is likely to become:
(a) A health hazard;
(b) A fire hazard; or
(c) A traffic hazard, because it impairs the view of a public thoroughfare, or otherwise makes use of the thoroughfare hazardous.
(2) Weeds commonly known as puncture vines, sandburs, bull thistles, Canadian thistles, and star thistles regardless of their height and or distance from public access, roadway, adjacent or abutting streets, alleys, other adjacent or abutting properties. Blackberry bushes that extend into a public way or a pathway frequented by children or across a property line.
(Ord. 1750, passed 10-28-91; Am. Ord. 2159, passed 7-13-09) Penalty, see ' 92.99
No person shall deposit, on public or private property, rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling on a public way.
(Ord. 1750, passed 10-28-91) Penalty, see ' 92.99
(A) No owner or person in charge of property that abuts on a street or public sidewalk shall permit trees or bushes on the property to interfere with street or sidewalk traffic. An owner or person in charge of property that abuts on a street or public sidewalk shall keep all trees and bushes on the premises, including the adjoining parking strip, trimmed so that they do not project over a sidewalk at an elevation of less than eight feet above the level of the sidewalk or over a street at an elevation of less than 13 feet above the level of the street.
(B) No owner or person in charge of property shall allow a dead or decaying tree to stand if it is a hazard to the public or to persons or property on or near property.
(Ord. 1750, passed 10-28-91) Penalty, see ' 92.99
(A) No owner or person in charge of property shall construct or maintain a barbed‑wire or razor wire fence, or permit barbed or razor wire to remain as part of a fence, along a sidewalk; except the wire may be placed above the top of other fencing not less than six feet, six inches high so long as it does not extend over the sidewalk.
(B) No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person.
(Ord. 1750, passed 10-28-91) Penalty, see ' 92.99
(A) No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.
(B) This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission.
(Ord. 1750, passed 10-28-91) Penalty, see ' 92.99
(A) No person shall keep junk outdoors on a street, yard, lot, or premises or in a building that is not wholly or entirely enclosed except for doors used for ingress and egress.
(B) The term JUNK, as used in this section, includes a motor vehicle or vehicles unless currently registered and operable, or an accumulation of any of the following: old motor vehicle parts, tires, abandoned automobiles, old machinery, old machinery parts, old appliances or appliance parts, old iron or other metals, glass, paper, lumber, wood or other waste or discarded material.
(C) This section does not apply to junk kept, salvaged, used or resold as part of a business being conducted on property in compliance with all city zoning laws where zoning laws authorize the use.
(Ord. 1750, passed 10-28-91) Penalty, see ' 92.99
(A) Odoriferous nuisances. No person in charge of property on which obnoxious, offensive or objectionable odors are crated or generated shall cause or permit odors to escape from that property so as to endanger the health of, cause significant discomfort to, or otherwise deleteriously affect the convenience, safety or welfare of any person within the city limits. All obnoxious, offensive and/or objectionable odors within the city limits are odoriferous nuisances affecting public health and safety, may be penalized as provided in ' 92.99, and may be abated as provided in ' 92.14, notwithstanding any governmental authorizations or permits issued to the odor-causing activity and irrespective of the location of the activity or the economic or social utility thereof.
(B) Evidence of odoriferous nuisances. All or any of the following shall be evidence of the existence of obnoxious, offensive or objectionable odors within the city limits:
(1) The oral or written complaint of three or more persons, within any 12-hour period, to the effect that odors emanating from any activity within or in the vicinity of the city are causing adverse health effects, significant discomfort, or serious inconvenience to the persons (or to minors within the custody or care of the persons) at a residence or place of business within the city limits; or
(2) The detection and measurement, by a qualified person employing appropriate technology, of one or more of the following odor constituents, at or above the following concentrations, within the city limits:
(a) Hydrogen sulfide at or in excess of six parts per billion (ppb);
(b) Ammonia at or in excess of 50 ppb; or
(3) The finding, by an odor panel, that odors emanating from a source inside or outside the city limits exceed two odor units at the property boundary or at the city limits (whichever is closest to the source.) The odor panel shall be comprised of six residents of the city appointed by the Mayor and confirmed by the City Council. The determination by the odor panel shall be based on substantial adherence to the following procedure: A sample is collected in a glass sampling bulb (25 to 10,000 ml in size) and delivered immediately to the odor panel for a series of dilutions and sniffings using the triangle olfactometer method, in which three samples are presented to each panelist from a series of glass sniffing ports. Two are
test room air (blanks), and the third is odorous air diluted with test room air. The olfactometer supplies six dilution level. An odor unit is defined as the volumetric amount of the odorous gas which is detectable by only half the odor panel in 0.03m3 (1 cu. ft.) of odor-free air. The strength of an odor is determined by the number of dilutions with odor-free air needed to reduce an odor to a barely detectable level.
(C) Abatement of odoriferous nuisances. The creation or generation of any odoriferous nuisance may be abated upon the motion, petition or complaint of the city or any resident of the city:
(1) By an order of the municipal court of the city enjoining an odor-causing activity within the city limits until such time as the person in charge of the property has given verifiable and enforceable assurances that the activity will no longer create an odoriferous nuisance;
(2) By an order of the circuit court of the State of Oregon for Umatilla County enjoining an odor-causing activity either within or outside the city limits until such time as the person in charge of the property has given verifiable and enforceable assurances that the activity will no longer create an odoriferous nuisance within the limits of the city; or
(3) By any other appropriate legal or equitable remedy available to the city or its residents for the abatement of nuisances.
(Ord. 1944, passed 11-24-97) Penalty, see ' 92.99
(A) Definition. The following definition shall apply to this section.
(B) Unlawful activity. It shall be unlawful for any owner, lessee, occupant or any person having control, custody or management of any premises to suffer or permit to remain unguarded upon the premises any machinery, equipment or other device having the characteristics of an attractive nuisance or which is liable to attract children. It shall further be unlawful for any of the aforementioned persons to suffer or permit to remain unguarded upon the premises any pit, quarry, cistern, well or other excavation.
(Ord. 1976, passed 10-26-98) Penalty, see ' 92.99
(A) It is unlawful for any owner, contractor, developer, or other person in charge of property, who disturbs land, including, but not limited to, clearing, grading, grubbing, excavating, filling, landscaping, or erecting buildings, or allows, contracts for, or directs the disturbance of the land, to cause or permit dust, sand, and dirt, etc., from blowing from the disturbed land site to other real property, including streets and dry wells in sufficient quantities and of such characteristics and duration as to be inconvenient, annoying, or injurious to human health, plant or animal life, or property.
(B) As part of any development agreement entered into between the city and a developer, or when another person intends to disturb one acre or more of land at any one time by one or more phases of development, and the disturbance is located on the same parcel of land or on contiguous parcels of land under the same ownership, or as part of any public improvement contract let by the city involving disturbance of one or more acres of land, a written Blowing Dust Control Plan must be filed with the city for review. No Development Agreement or Notice to Proceed will be issued until the city has certified that the Blowing Dust Control Plan contains reasonably acceptable control measures that, if followed, will prevent or substantially reduce blowing dust during high winds. A cash deposit, performance bond, letter of credit, or other security to secure performance of the Blowing Dust Control Plan, in an amount as established by resolution of the City Council, must be submitted with the Blowing Dust Control Plan.
(C) It is an affirmative defense to a blowing dust violation that the owner, contractor, developer, or other person in charge of property, who disturbs land made a good faith effort, to the maximum extent possible, to control dust, sand, and dirt, etc., from blowing from the disturbed land site to other real property, including streets and dry wells.
(D) The Blowing Dust Control Plan shall identify the reasonably acceptable control measures that will be utilized to prevent blowing dust, including persons who will check the site during weekends and holidays and have the ability and means to take corrective action. Corrective action must be available 24 hours per day, seven days per week. The names and phone numbers of such persons shall be included in the plan, and the city shall be advised immediately, in writing, if there are any changes in the names or phone numbers of the person or persons to contact. The Blowing Dust Control Plan and security deposit shall remain in effect for the full period of the activity which disturbs the land. The city may require the Blowing Dust Control Plan and the security deposit to continue beyond the final completion of the land disturbance activity for up to, but not to exceed, two years if the extension is necessary to ensure that the disturbed soil has stabilized.
(E) Actions by a public utility, the city, or other governmental agency to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic are exempt from controlling dust.
(F) Where the occurrence of blowing dust can be reasonably attributable to a given site, the city shall notify the offender to immediately suppress the blowing dust. In addition the city may order the suspension of all activity on the offending site and require the immediate employment of sufficient efforts to control the blowing dust. If the person in possession or control of the site or the contact person or persons listed in the Blowing Dust Control Plan are unavailable or do not initiate sufficient dust control efforts within four hours of being notified to do so, the city may initiate such efforts as it deems reasonable to suppress the blowing dust. The costs incurred by the city for dust suppression efforts shall be borne by the owner, developer, and other persons responsible for the land disturbance activity on the site. The cost for labor and equipment used or hired by the city for dust suppression shall be set by resolution of the Council. Such costs may be deducted from any security filed with a Blowing Dust Control Plan. These costs are in addition to any penalty assessed against a violator.
(G) Violation of division (A) involving a site of less than one acre is a Class A violation. Failure to notify the city within 24 hours of any changes in the names and phone numbers of persons listed in a Blowing Dust Control Plan who will check the site during weekends and holidays and have the ability and means to take corrective action is a Class A violation. Violation of division (A) involving a site of one acre or more, or failing to implement a Dust Control Plan, or sufficient dust control efforts within four hours of being notified to do so is punishable by a fine of up to $2,500 per day per violation. In addition, failure to pay the fine and the costs incurred by the city for dust suppression shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or licenses.
(Ord. 1992, passed 6-14-99; Am. Ord. 2024, passed 10-9-00) Penalty, see §92.99
(A) The acts, conditions or objects specifically enumerated and defined in §§92.02 et seq. are declared public nuisances.
(B) In addition to the nuisances specifically enumerated in this sub-chapter, every other thing, substance or act that is determined by the Council to be injurious or detrimental to the public health, safety or welfare of the city is declared a nuisance and may be abated as provided in this sub-chapter.
(Ord. 1750, passed 10-28-91)
(A) Abatement notice.
(1) Upon determination by the City Manager or his or her designate that a nuisance exists as defined in the ordinances of this city, a notice shall be posted on the premises liable for the nuisance directing removal or abatement.
(2) At the time of posting, the city shall mail notice by certified mail with return receipt to the owner or agent, or occupant if occupied, in charge of the property at the last known address of the owner or agent.
(3) The notice to abate shall contain:
(a) A description of the real property, by street address or otherwise, on which or adjacent to which the nuisance exists;
(b) A direction to remove the nuisance within 15 days from the date of the notice or a date certain;
(c) A description of the nuisance;
(d) A statement that unless the nuisance is removed or abated, the city will do so and the cost thereof shall be a lien against the property;
(e) A statement that the owner or agent in charge of the property may protest the action by actual delivery of notice to the City Manager within 15 days from the date of the notice or the certain date.
(4) The person posting and mailing the notice as provided herein shall, upon completion of the posting and mailing, execute and file in the office of the Finance Director/Recorder a certificate stating the date and place of mailing and posting.
(5) An error in the name or address of the owner or agent in charge of the property or the use of a name other than that of the owner or agent shall not make the notice void and in a case the posted notice shall be deemed sufficient.
(B) Abatement by the owner.
(1) Within the time allowed by the notice as provided in division (A)(3) above, the owner or agent in charge of the property shall remove and abate the nuisance or show that no nuisance exists.
(2) Upon the city's determination that a nuisance does in fact exist, the owner or agent in charge shall within a reasonable time but not more than seven days, remove or abate the nuisance.
(C) Abatement by the city.
(1) If within the time fixed, as provided in this chapter, the nuisance has not been abated by the owner or agent in charge of the property, the city shall cause the nuisance to be abated.
(2) The city shall maintain an accurate record of the expense incurred by the city in abating the nuisance and shall include therein an overhead charge of 10% of the total cost for administration.
(3) The total cost, including the administrative overhead, shall thereupon be assessed to the property as hereinafter provided.
(D) Assessment of cost.
(1) A notice of the assessment shall be forwarded by certified mail with return receipt to the owner or agent in charge of the property by the Finance Director/Recorder. The notice shall contain:
(a) The total cost, including the administrative overhead, of the abatement.
(b) A statement that the cost as indicated will become a lien against the property unless paid within 60 days.
(c) A statement that if the owner or agent in charge of the property objects to the cost of the abatement as indicated, he may file a notice of objection with the Finance Director/Recorder within 30 days from the date of the notice.
(d) Notice that fee for recording in County Deed Records may be added.
(2) Objections to the proposed assessment shall be heard and determined by the City Manager or his designate.
(3) An assessment for the cost of the abatement as determined by the City Manager or his designate and adopted as a matter of record by resolution of the Council shall thereupon be entered in the docket of city liens, and upon the entry being made, it shall constitute a lien against the property from which the nuisance was removed or abated. Also, it may be recorded in the County Deed Records.
(4) The lien shall be collected in the same manner as improvement liens are collected and shall bear interest at a rate as established by resolution of the City Council. The interest shall commence to run 30 days after the entry in the lien docket.
(5) An error in the name of the owner or agent in charge of the property shall not void the assessment nor will a failure to receive the notice of the assessment render the assessment void, but it shall remain a valid lien against the property.
(E) Supplemental nature of provisions. The procedure provided by this section is not exclusive but in addition to procedure provided by other ordinances, and furthermore, the city may proceed summarily to abate a sanitary or other nuisance which exists and from which there is imminent danger to human life or property.
(Ord. 1887, passed 6-26-95; Am. Ord. 1907, passed 7-8-96)
For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Loudspeakers, public address systems;
(2) Radios, tape recorders and/or tape players, phonographs, television sets, stereo systems, including those installed in a vehicle;
(3) Musical instruments, amplified or unamplified;
(4) Sirens, bells;
(5) Vehicle engines or exhausts, when the vehicle is not in a public right-of-way, particularly when the engine is operated above idling speed;
(6) Vehicle tires, when caused to squeal by speed or acceleration;
(7) Domestic tools, including electric drills, chainsaws, lawn mowers, electric saws, hammers and similar tools, but only between the hours of 6:00 p.m. and 7:00 a.m. of the following day;
(8) Vehicles inclusive of automobiles, motorcycles, motorbikes, trucks, buses, snowmobiles, boats or any similar piece of equipment equipped with a propelling device;
(9) Persons or animals causing sound to emanate.
(Ord. 1709, passed 6-25-90)
(A) If measurements are made, they shall be made with a sound level meter. The sound level meter shall be an instrument meeting the requirements of Type 1 or Type 2 meter in accord with ANSI Standard 1.4-1971.
(B) Measurements may be made at or within the boundary of the property on which a noise sensitive location is located which is not the source of the sound or within a noise sensitive building or location which is not the source of the sound.
(Ord. 1709, passed 6-25-90)
It shall be unlawful for any person to produce or permit to be produced, with any sound producing device, sound which:
(A) When measured at or within the boundary of the property on which a noise sensitive unit is located which is not the source of the sound, or, within a noise sensitive unit which is not the source of the sound, exceeds:
(1) 50 dBA at any time between 6:00 p.m. and 7:00 a.m. of the following day;
(2) 60 dBA at any time between 7:00 a.m. and 6:00 p.m. of the same day.
(B) Any person knowingly creating, assisting in creating, continuing, or permitting the creation of any of the following noise disturbances shall be deemed in violation of this sub-chapter, regardless of the decibel level of disturbance:
(1) Use of dynamic braking devices on any motor vehicle, except to avoid imminent danger to persons or property. A dynamic braking device is one used primarily on trucks and buses to convert a motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.
(2) Repair and testing of motor vehicle or other engine which is plainly audible within a noise sensitive unit between the hours of 11:00 p.m. and 7:00 a.m.
(3) Operation of a motor vehicle, air compressor or similar mechanical device without a muffler or with a muffling devices as defined in ORS 815.025.
(4) The sounding of any horn or signal device on any vehicle, except as a necessary warning of danger to property or person.
(5) The use of any gong, bell or siren upon any vehicle other than a police, fire or emergency vehicle.
(6) The operation of any vehicle in a manner to cause the tires to squeal or skid, except to avoid imminent danger to persons or property.
(7) The detonation of a blasting or explosive device, except as allowed when performed under a permit issued by appropriate governmental authorities.
(8) The playing, using or operation of any radio, musical instrument, phonograph, television set, tape recorder, loud speaker or sound amplifier, either stationary or mobile, or other machine or device for the producing or reproducing of sound in such a manner as to project sound upon public streets, or other public property, or upon private property owned by someone other than the owner or operator of the sound producing device in such a manner as to disturb any other person.
(Ord. 1709, passed 6-25-90; Am. Ord. 1745, passed 8-26-91) Penalty, see § 92.99
The following exceptions from this sub-chapter are permitted when the following conditions are met:
(A) Emergency equipment not operating on a regular or scheduled basis, whether or not the work is performed by a public or private agency.
(B) Sounds caused by sources regulated as to sound production by federal law, including sounds caused by railroad or aircraft operations.
(C) Sounds caused by the use of emergency warning devices and alarm systems.
(D) Sounds caused by organized athletic activities conducted out of doors on property designated areas used for such purposes, including stadiums, parks, schools, churches and athletic fields, provided, however, that the exception shall not impair the power of any duly authorized law enforcement officer or designated municipal employee to require the curtailment of any sound producing device at the location if complaints are received from surrounding properties.
(Ord. 1709, passed 6-25-90)
The use of amplified voice and music at levels which would otherwise exceed those permissible under this sub-chapter may be allowed upon application to the City Council of the city. The applicant shall identify the date, location and time of the event for which the permit is sought. The permit may be issued, denied or conditioned at the sole discretion of the Council.
(Ord. 1709, passed 6-25-90)
The provisions of this sub-chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action or remedy; nor, except for Section 23 of Ordinance 1260 which is hereby repealed, amend or modify any law, ordinance or regulation relating to noise or sound, but shall be deemed additional to existing legislation and common law on the subject.
(Ord. 1709, passed 6-25-90)
The direction of the administration of this sub-chapter shall be by the City Manager, or by his order, specifically designated employees and peace officers. Enforcement of this sub-chapter may include:
(A) Upon citation of a person for a violation of this sub-chapter, the person issuing the citation may seize the sound producing device which was the source of the sound as evidence, only if the violation is determined by the use of a sound level meter. The sound producing device, if seized, will be impounded subject to disposition of the issued citation and the determination by the court whether the sound producing device shall be returned to the cited person or deemed contraband, subject to confiscation and disposition as provided in this sub-chapter. It is the intent of this sub-chapter to avoid the seizures except where the person being cited has received two previous citations within the previous six months for the use of the same or similar sound producing device. The previous citation may, but need not, occur on the same date as the citation which prompts the seizure.
(B) Standard city forms may be used to cite violations of this sub-chapter.
(Ord. 1709, passed 6-25-90)
(A) Anyone who violates any provision of §§92.01 through 92.10, §92.12, and §92.13 commits a Class A violation. The court may, in addition to the fine, order the convicted person to reimburse the city for the actual expenses incurred by the city in abating the nuisance and to order the person to abate the nuisance. Each day's violation of a provision of the sections constitutes a separate offense. (Ord. 1750, passed 10-28-91; Am. Ord. 1976, passed 10-26-98; Am. Ord. 1992, passed 6-14-99)
(B) Violation of any provision of §92.11 is a Class A violation. The court may order the convicted person to pay court costs, assessments, and restitution, when applicable. Any person who shall attempt to commit any of the offenses mentioned in §92.11, but who for any reason is prevented from consummating the act, shall be guilty of an offense of attempt to commit as to that offense. (Ord. 1976, passed 10-26-98)
(C) Violation of any provision of §§92.25 through 92.31 shall constitute a Class A violation, and the court may order any sound producing device found to have been used to violate these sections seized, confiscated and destroyed as contraband, or sold with the proceeds of sale to be deposited in the city general fund.
(Ord. 1709, passed 6-25-90; Am. Ord. 1976, passed 10-26-98)