Cross-reference:
Animals damaging park property, see §93.04
For the purpose of §§90.03 through 90.05 only, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1976, passed 10-26-98)
No person, persons or corporation owning or having possession or control of any livestock or poultry shall allow the livestock or poultry to run at large or to be or remain at large upon the streets, sidewalks, public grounds or unfenced lots or grounds within the limits of the city. Hereafter in this chapter whenever the word “animal” or “animals” is used it shall mean and include any and all kinds of livestock or poultry.
(Ord. 4, passed 8-7-07; Am. Ord. 366, passed 9-11-57)
Any person operating a vehicle as defined by the motor vehicle laws of Oregon, upon any premises open to the public, who shall run over, strike, injure, maim or kill any animal shall immediately stop and render aid to the animal, if injured, or provide for the disposition of the carcass, if the animal be killed. If it is a domestic animal, the person shall make due and diligent inquiry to determine the owner of such and, if located, shall notify him of the occurrence.
(Ord. 1976, passed 10-26-98) Penalty, see § 90.99
It shall be unlawful for any person to discharge any firearm, air gun, blow gun or other similar device, or throw any missile at any non-game bird with the intent to injure or kill the same.
(Ord. 1976, passed 10-26-98) Penalty, see § 90.99
Cross-reference:
Discharging of firearms, see §130.31
It shall be unlawful for any person to suffer or permit the carcass of any animal owned by them to remain upon any premises open to the public, and no person who is the owner or occupant of any property shall suffer or permit the carcass of any animal to remain thereon. It shall be the duty of the owner or occupant forthwith to cause the carcass to be disposed of in a manner approved by law.
(Ord. 1976, passed 10-26-98) Penalty, see § 90.99
Cross-reference:
Animals damaging park property, see §93.04
For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1503, passed 3-26-84)
(A) It shall be unlawful for a dog to run at large or to be a public nuisance, and the owner of the dog shall be guilty of a violation of this chapter if the dog is found to be in violation.
(B) All dogs taken up and impounded under this section shall be held in an adequate and sanitary pound. Any dog so impounded shall be held for at least five days from the date of the impounding before being destroyed or otherwise disposed of. After any dog is impounded, the owner will be notified, or, if the owner of the dog is unknown, written notice shall be posted for three days at three conspicuous places in the city describing the dog and the place and time of taking. If the owner appears and redeems the dog, he shall pay, in amounts as established by resolution of the City Council, an impoundment fee and in addition a sum for each day, or part thereof, the dog was impounded, this fee being the actual cost of boarding the animal at the pound. The boarding fee will not be assessed for the first day of impoundment if the dog is taken after 8:00 pm. If no owner appears and redeems the dog within five days from its impounding or five days from the date the owner was notified or notices were posted, or if the dog was impounded as a public nuisance for killing or seriously injuring a person, it shall be killed in a humane manner; except that if, in the opinion of the Chief of Police, the dog is not dangerous and can be safely kept, the Chief of Police may release the dog to any responsible person upon receiving assurance that the person will properly care for the dog and not allow it to become a nuisance, and upon payment of a sum of money as established by resolution of the City Council, plus the cost of keeping during its impounding. The person shall thereafter be liable as owner of the dog.
(C) Notwithstanding the provisions of division (B) of this section, any dog impounded for biting a person shall be held for not less than ten days before redemption or destruction to determine if the dog is rabid.
(Ord. 1503, passed 3-26-84; Am. Ord. 1613, passed 10-27-86)
It shall be unlawful for the owner to keep or maintain any dog unless it shall have been vaccinated by a licensed veterinary surgeon with anti-rabies vaccine within one year of the date on which the dog is kept or maintained.
(Ord. 1503, passed 3-26-84) Penalty, see §90.99
A dog is a public nuisance if it:
(A) Bites or attempts to bite a person;
(B) Chases vehicles or persons;
(C) Attacks other dogs;
(D) Damages or destroys property of persons other than the owner of the dog;
(E) Scatters refuse;
(F) Habitually trespasses on private property of persons other than the owner of the dog;
(G) Disturbs any person by frequent or prolonged noises; or
(H) Is a female in heat and running at large.
(Ord. 1503, passed 3-26-84) Penalty, see §90.99
A dog shall not be considered a public nuisance if he bites a person wrongfully assaulting the dog or the dog's owner, or if he bites a person trespassing upon premises occupied by the dog's owner after being provoked by that person.
(Ord. 1503, passed 3-26-84)
(A) Every person owning or keeping any dog which has a set of permanent canine teeth shall, not later than March 1 of each year or within 30 days after he becomes owner or keeper of the dog, procure from the Finance Director/Recorder a license for the dog by paying to the Finance Director/Recorder a license fee. The license fee shall be in an amount as established by resolution of the City Council for each dog, except that the fee shall not be greater than a lesser amount as established by resolution of the City Council for each spayed female or neutered male dog for which a veterinarian's certificate of operation for the spaying or neutering of the dog is presented to the Finance Director/Recorder. If the person fails to procure the license within the time provided by this section, an additional penalty in a sum established by resolution of the City Council for each dog shall be assessed.
(B) The Finance Director/Recorder shall at the time of issuing the license and as a part thereof supply the licensee, without charge, with a suitable tag having legibly stamped with dies across one side thereof, to wit: year license issued, license No. and to be imprinted with “City of Hermiston, OR.” The tag shall be fastened by the licensee to a collar and kept on the dog at all times when not in the immediate possession of the licensee. The license fee shall be the only license or tax required for the ownership or keeping of a dog within the city.
(C) This section does not apply to dogs owned by dealers, breeders or exhibitors where they are kept in kennels exclusively for sale or exhibition purposes, or while the dogs are being transported by dealers, breeders or exhibitors to and from a dog show or fair. No license shall be required for the dogs kept for these purposes until they are sold or otherwise disposed of to another person.
(D) No license shall be required to be paid for any dog owned by a blind person who uses it as a guide. A license shall be issued for the dog upon filing with the Finance Director/Recorder an affidavit by the blind person showing the dog to come within this requirement.
(E) The Finance Director/Recorder shall keep a record of dog licenses in a special book for such purposes.
(Ord. 1503, passed 3-26-84)
(A) When a dog habitually runs at large and is so elusive, or when a dog shows obvious symptoms of being rabid, or if a dog cannot be impounded without grave risk, or if the dog is badly injured and suffering, the police officer may destroy the animal in the safest, most humane way available.
(B) When a dog has been found by the judge, in a judicial proceeding, to be of vicious temperament, the judge may order the destruction of the animal either by the owner or by the pound authorities should the dog have been impounded. Destruction will be performed in a humane manner and at the expense of the owner of the animal.
(Ord. 1503, passed 3-26-84; Am. Ord. 1613, passed 10-27-86)
(A) Anyone who violates any provision of this chapter for which another penalty is not specifically provided commits a Class A violation. (Ord. 4, passed 8-7-07; Ord. 1503, passed 3-26-84; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(B) Whoever violates §§90.03 through 90.05 commits a Class A violation. Any person who shall attempt to commit any of the offenses mentioned in §§90.03 through 90.05, 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)
Reserved
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)
(A) There is hereby created the Parks and Recreation Committee to be composed of five members.
(B) There shall be appointed by the Mayor and Council five members:
(1) Two to serve for a three-year term;
(2) Two to serve for a two-year term;
(3) One to serve for a one-year term;
(C) Thereafter, as the term of each member expires, the Mayor and Council shall appoint a new member to serve for a period of three years.
(D) This Committee shall act in an advisory capacity to the City Council on all park and recreation matters and act as the community tree board.
(Ord. 1979, passed 11-9-98; Am. Ord. 2152, passed 8-25-08)
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1588, passed 4-28-86)
(A) The following rules and regulations in ' 93.04 shall not apply to employees of the city acting in the course of their normal employment or to individuals or groups which have received prior approval of the city to carry on activities which would otherwise be prohibited.
(B) Exceptions to the rules and regulations in ' 93.04 or reservation of any park facility shall be made through the City Manager or his designee. The City Manager or his designee may approve the exceptions or reservations when he finds:
(1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park;
(2) That the proposed activity and use will not unreasonably interfere or detract from the promotion of public health, welfare, safety and recreation;
(3) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
(4) That the proposed activity will not entail extraordinary activity or burdensome expense on the city; and
(5) That the facilities desired have not been reserved for other use at the day and hour required in the application.
(Ord. 1588, passed 4-28-86)
For the conduct of persons using or frequenting the public parks of the city, the following rules and regulations to be observed and enforced within the public parks are hereby established:
(A) Cutting, removing or damaging any flowers, trees, or shrubs or otherwise disturbing the surface of any public park is prohibited.
(B) Defacing, mutilating or damaging any buildings, equipment, tables, benches, signs or other public property in any public park is prohibited.
(C) Motorized vehicles shall not be operated in any city park.
(D) Bicycles, skateboards or skates shall not be operated on park sidewalks in any manner so as to be a safety threat or hazard to pedestrians, or operated at any time on any tennis or basketball courts.
(E) It shall be prohibited to ride or drive any horse or animal upon any portion of any public park.
(F) Dogs shall not be permitted to run at large within any public park and all dogs shall be kept in control on a leash, cord, chain or otherwise at all times. Owners of dogs or other animals destroying or damaging park property will be held liable for the full value of the property damaged or destroyed in addition to impounding fees and the penalty imposed for violation of this chapter.
(G) All trash, garbage and litter shall be disposed of in the receptacles provided.
(H) Fires may be built only within fireplaces, fire pits or stoves provided specifically for such purposes.
(I) Operation or playing of any amplified musical instrument or any equipment manufactured primarily for the purpose of amplifying sound in any public park which disturbs the repose of others shall be prohibited.
(J) Park hours shall be from sunrise to 12:01 a.m. Lights at athletic facilities shall be off after 11:00 p.m. Other park hours may be established by resolution of the City Council. Loitering after hours or overnight camping shall not be permitted in any city park.
(K) Sales or solicitations in any park shall be allowed only as part of a permitted community‑wide activity. Commercial vendors must obtain a solicitors license prior to sales or solicitations.
(L) Personal or group displays or shows by civic, fraternal, charitable or nonprofit organization may be allowed upon approval of the City Manager or his or her designee.
(M) The consumption of alcoholic beverages is prohibited in city parks; provided, however, that the consumption of alcoholic beverages may be permitted for private events in McKenzie Park. A "private event" is generally defined as a function which: (1) is hosted by a private individual; (2) is personal and non-commercial; (3) is only open to persons personally invited by the host; (4) provides no monetary gain to the host; and (5) does not engage in charges or fund-raising for anything whatsoever, including any charge for admission or donation for food, beverage, music or other goods or services. Rules governing the conditions under which a permit may be issued for the consumption of alcoholic beverages at private events in McKenzie Park shall be adopted by resolution of the City Council and administered by the City Manager of his or her designee.
(N) Requests for reserving any park facility or entire park shall be made with the City Manager or his or her designee. The fees for reserving any park facility or an entire city park shall be as established by resolution of the City Council.
(Ord. 1588, passed 4-28-86; Am. Ord. 1670, passed 9‑12‑88; Am. Ord. 2027, passed 12-18-00; Am. Ord. 2119, passed 3-27-06; Am. Ord. 2134, passed 5‑21‑07; Am. Ord. 2136, passed 7‑11‑07; Am. Ord. 2152, passed 8-25-08) Penalty, see ' 93.99
Any person violating any of the foregoing rules and regulations commits a Class A violation.
(Ord. 1588, passed 4-28-86; Am. Ord. 1976, passed 10-26-98)
Cross-reference:
(A) Definitions. For the purpose of this section, the following mean:
(1) City. The City of Hermiston.
(2) Person. Individual, corporation, association, firm, partnership, joint stock company and similar entities.
(3) Public Rights-of-Way. Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.
(4) Within the City. Territory over which the city now has or acquires jurisdiction for the exercise of its powers.
(B) Jurisdiction. The City of Hermiston has control over all public rights-of-way within the city under the authority of the city charter and state law.
(C) Scope of regulatory control. The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.
(D) City permission requirement. No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits.
(E) Obligations of the city. The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way and does not obligate the city to maintain or repair any part of the right-of-way.
(Ord. 1923, passed 2-10-97)
(A) It shall be the duty of every owner of any lot or part thereof or parcels of land fronting any of the public streets of the city where sidewalks have been constructed abutting the lots or parcels of land to keep sidewalks in good repair, and in a safe and sound condition for the travel of the public, and to keep sidewalks clear of sand, weeds or other obstructions.
(1) The owner of real property responsible for maintaining the adjacent sidewalk shall be liable to any person injured because of any negligence of owner in failing to maintain the sidewalk in good condition.
(2) If the city is required to pay damages for an injury to persons or property caused by the failure of a person to perform the duty which this section imposes, the person shall compensate the city for the amount of the damages thus paid. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section.
(B) If the owner of any lot or part thereof or parcel of land shall suffer any sidewalk along the same to become out of repair, it shall be the duty of the City Engineer to post a notice of repair on the adjacent property headed “Notice to Repair Sidewalk” in letters not less than one inch in length and the notice shall, in legible characters, direct the owner, agent or occupant of the property immediately to repair the same in good and substantial manner, and the City Engineer shall file with the Finance Director/Recorder an affidavit of the posting of the notice stating the date when and the place where the same was posted.
(C) It shall be the duty of the owner, agent or occupant immediately after the posting of the notice and before making repair to obtain from the City Engineer a permit so to do which shall prescribe the kind of repairs to be made, the material to be used and specifications therefor; and the owner, agent or occupant shall make repairs within 20 days from the posting of the notice. If the owner, agent or occupant of any lot or part thereof or parcel of land shall fail, neglect or refuse to make the sidewalk repairs within the time designated, the Council may authorize the City Engineer to make the same, the City Engineer to keep an accurate account of the cost of labor and materials in making the repairs in front of each lot or part thereof or parcel of land fronting on the sidewalk upon which repairs are made.
(D) The Council shall, at the first regular meeting in the month of September of each year, examine the reports upon sidewalk repairs field by the City Engineer in the office of the Finance Director/Recorder during the preceding year, and by ordinance assess upon each of the lots or parts thereof or parcels of land fronting upon sidewalks which have been so repaired, the cost of making repairs and 10% additional to defray the cost of notice, engineering and supervision. In each case all assessments may be combined in one assessment roll and the same shall be entered on the docket of city liens and collected in the same manner as is provided for special assessments for street improvements.
(Ord. 56, passed 5-31-11; Am. Ord. 1100, passed 11-7-77)
(A) Planting trees in public place. No trees or shrubs shall be planted in, or removed from, any public parking strip or other public place in the city without permission from the City Manager or his duly authorized representative.
(B) Street tree plans.
(1) All trees and shrubs hereafter planted in any public parking strip or other public place in the city shall conform as to species and location to the street tree plan for the public place, street, or portion thereof.
(2) Street tree plans for streets or public places within the city shall be adopted by resolution of the City Council. These plans shall consist of maps of streets, blocks, or portions of streets and public places where the planting is permitted and shall by appropriate legends and symbols specify the species and location of the trees and shrubs which may be planted along each street or block or portion thereof or public place shown by the map thereof.
(3) In formulating and adopting street tree plans, the public safety in the use of streets, sidewalks, and public places, the protection and preservation of public improvements, and the beautification of public places shall be taken into consideration by the following means:
(a) Species of trees and shrubs shall be chosen with due regard to their size, appearance, rate, and manner of growth and other characteristics and to the size, nature, and construction and traffic volume on the street or other public place involved; and
(b) Regulations regarding location and setback of trees permitted in public parking strips and other public places shall be adopted with due regard to traffic visibility, utility lien clearance, and relative location of public paving and other facilities.
(C) Certain trees prohibited. No person shall plant in any public parking strip the following trees: poplar, Russian olive, Chinese elm, cottonwood, and certain locust. No person shall plant willow, cottonwood, or poplar trees anywhere in the city unless the City Manager or his duly authorized representative approves the site as one where the tree roots will not interfere with a public sewer.
(D) Trimming and pruning of trees. The City Manager or his duly authorized representative may cause to be trimmed, pruned, or removed any trees, shrubs, plants, or vegetation in any parking strip or other public place, or may require any property owner to trim, prune, or remove any trees, shrubs, plants, or vegetation in a parking strip abutting upon the owner's property; and failure to comply therewith, after 30 days' notice by the Finance Director/Recorder, shall be deemed a violation of this section.
(E) Trimming or removal of overhanging trees. If any tree or shrub, or part thereof, overhangs any public street or alley or sidewalk at a height of less than 14 feet above the street or alley surface or less than ten feet above the sidewalk or in any other way endangers or is likely to endanger the security or usefulness of any public street, sewer, or sidewalk, the same is hereby declared to be a public nuisance and may be abated as provided in §92.14.
(F) Right to appeal. Appeals from orders made under sections on trimming, pruning or removal may be made to the City Council.
(G) Damage to trees in public place prohibited. No person shall abuse, destroy, or mutilate any tree, shrub, or plant in a public parking strip or in any other public place, or attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing in a public place, or cause or permit any wire charged with electricity to come into contract with any tree, or allow any gaseous, liquid, or solid substance which is harmful to trees to come in contact with their roots or leaves.
(Ord. 696, passed 4-26-71) Penalty, see §94.99
(A) No person, firm or corporation shall cause, permit or allow any irrigation water or water used for domestic or other purposes to run upon or cross any of the streets of the city unless the same is confined in properly constructed flumes, ditches, pipelines or culverts and no ditches, flumes, pipelines or culverts for water shall be constructed in, upon or across any of the streets of the city until a permit therefor shall first be obtained from the Finance Director/Recorder of the city, and any ditch, flume, pipeline or culvert shall be constructed under the supervision of the City Engineer and of material as the Engineer may prescribe.
(B) It shall be the duty of every person who uses such ditch, flume, pipeline or culvert for the transmission of water, or whose land is served by water which passes through the ditch, flume, pipeline or culvert to keep the same in repair.
(Ord. 92, passed 7-5-17) Penalty, see § 94.99
For the purpose of §§94.05 through 94.10, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1976, passed 10-26-98)
It shall be unlawful for any person to ride or drive any animal or vehicle within any city park or upon, over, or across any sidewalk, except where a proper incline or crossing is provided for that purpose. This section does not apply to vehicles being used to maintain these areas or when specific permission has been granted by the city to do so.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
It shall be unlawful for any person or persons to gather or to stand upon any sidewalk or street so as to prevent, interrupt or obstruct the travel or free passage over the same by the public, or to place or deposit any article which has the same effect. This section does not apply when specific permission has been granted by the city to do so.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
It shall be unlawful for any person to use or occupy any portion of a street or sidewalk for the purpose of vending goods, services, wares or merchandise by public outcry or otherwise, except when granted specific permission by the city to do so.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
It shall be unlawful for any person to keep or leave open any cellar door or grating of any kind in or upon any sidewalk except when the same is necessarily open during the immediate use thereof. During the time the opening shall be properly guarded and protected.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
It shall be unlawful for the owner, lessee, occupant or person having control or custody of any premises or unimproved property to allow snow or ice to stand upon any sidewalks abutting upon the premises or property for a period longer than two hours after the snow or ice has ceased to fall thereon; provided, however, that if the snow is falling or the ice accumulating after the hour of 6:00 p.m., the same shall be removed within two hours after 7:00 a.m. on the next day.
(Ord. 1976, passed 10-26-98) Penalty, see § 94.99
Cross-reference:
All streets shall be designated and all structures fronting on streets, except accessory structures, shall be numbered in accordance with this subchapter and the maps and plans on file in the office of the City Engineer.
(Ord. 556, passed 11-24-65; Am. Ord. passed - - ; Am. Ord. 1475, passed 7-25-83)
First Street and First Street extended to the south along the section lien shall be the north-south base line; Main Street east from First Street and Hermiston Avenue west, from First street shall constitute the east-west base lien for the establishment of quadrants, with each base line extended to the city limits.
(Ord. 556, passed 11-24-65)
(A) All streets running northerly and southerly shall be denominated by numbers, that is, First Street, and shall be designated as "streets".
(B) A street lying between numbered streets shall be denominated by number and designated “place", for example, First Place.
(C) All streets running in an easterly and westerly direction, with the exception of Main Street, shall be named and designated “avenues.”
(D) Circular and semi-circular streets shall be designated as “drives.”
(Ord. 556, passed 11-24-65)
To indicate the general location of any street, it shall bear the prefix of the quadrant in which it is located, for example, “S.E. Third Street”; and for the same purpose, each avenue shall bear the prefix of the half in which it is located, for example, “East Hurlburt Avenue.”
(Ord. 556, passed 11-24-65)
A lot or structure fronting a street shall be numbered as follows:
(A) Even numbers shall be assigned lots and structures to the right of an observer facing out from the base lines and uneven numbers to the opposite side.
(B) Numbers shall be fixed by grids as established by the maps and plans on file in the office of the City Engineer. Whenever feasible, each grid section shall encompass a square block and each grid's length shall be allowed 100 numbers. Numbers shall run consecutively with a new 100, starting at each grid line.
(C) Owner of groups of dwelling units may place an assigned number upon the principal building or office of the group and use numbers or letters to designate each of the units as may be required.
(Ord. 556, passed 11-24-65)
In conformity with the provisions of this subchapter, the City Engineer shall assign numbers to all lots and structures now or hereafter to be constructed. A person who obtains a building permit for construction of a new building shall, at the time of receipt of the permit, obtain from the City Engineer the number for the building.
(Ord. 556, passed 11-24-65)
Numbers assigned shall be at least 3½ inches high including background and shall be of a nature and location as to be easily legible from the center line of the street, and shall be installed within 60 days from the date of issue of the number.
(Ord. 556, passed 11-24-65) Penalty, see § 94.99
Cross-reference:
This subchapter shall be known and may be cited as the Street Excavation Ordinance of the city.
(Ord. 1942, passed 11-10-97)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1942, passed 11-10-97)
(A) No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the City Manager. The written application shall state that the applicant agrees to comply with prescribed procedures for making and restoring cuts and to make the necessary payments for work performed by the city. The application, when approved and signed by the City Manager, shall constitute a permit. The permit fees shall be in amounts as established by resolution of the City Council. Fees shall be doubled if the start of construction occurs prior to application of the permit.
(B) One permit may cover more than one cut providing the following conditions are met:
(1) Cuts shall be within a 400-foot section of street.
(2) All work to all cuts is performed by the same contractor.
(3) Each cut is listed on the cut permit with a map showing the location and size.
(C) No permit shall be given to an applicant without information regarding the contractor performing the restoration of the city right-of-way. If more than one contractor is used to perform the cut restoration, or the contractor changes, a new cut permit shall be required.
(Ord. 1942, passed 11-10-97)
(A) The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the City Manager may permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary.
(B) The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If an excavation is made across a public street, alley or sidewalk, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one half of the sidewalk width shall be maintained along the sidewalk line.
(C) It shall be the duty of every person making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for safety according Oregon Department of Transportation specifications. Warning signs shall be placed far enough back of the construction operation to alert traffic within a public street, and cones or other approved devices shall be placed to channel traffic, all in accordance with Oregon Department of Transportation specifications. The permittee shall notify the city when the public street is again usable to traffic. He shall see that all barriers are removed at this time so that normal traffic routing can proceed. Barriers shall meet Oregon Department of Transportation specifications.
(D) Warning lights shall be electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Electrical markers or flashers shall emit a light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting materials may be used to supplement, but not replace, light sources.
(E) The permit for a street excavation may require that the permittee give notification to various public agencies and to the general public. In such case, the permit shall not be valid until the notice is given.
(Ord. 1942, passed 11-10-97) Penalty, see §94.99
The permittee shall not interfere with any existing city-owned utility without the written consent of the City Manager. If it becomes necessary to relocate an existing city-owned utility, this shall be done by the city. No utility owned by the city shall be moved to accommodate the permittee unless the cost of the work be borne by the permittee.
(Ord. 1942, passed 11-10-97)
(A) The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of the curb at the gutter line. Whenever a gutter crosses an intersection street, an adequate waterway shall be provided and at all times maintained.
(B) The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for damage resulting from his failure to so provide.
(Ord. 1942, passed 11-10-97)
Any monument set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the city shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City Manager to so do. Permission to remove or disturb the monuments, reference points or bench marks shall only be granted upon condition that the person applying for the permission shall pay all expenses incident to the proper replacement of this monument by the city.
(Ord. 1942, passed 11-10-97)
The excavation work shall not interfere with access to vital structures.
(Ord. 1942, passed 11-10-97) Penalty, see §94.99
(A) The City Manager shall require cutting of pavement surfaces ahead of excavations in a manner as to confine pavement damage to the limits of the trench. Pavement wearing surface cuts shall be made with a sharp edged tool which will result in a smooth edge along the sides of the excavation.
(B) Sections of sidewalks shall be removed to the nearest score line or saw cut edge.
(C) Unstable pavement shall be removed over cave-outs and over-breakers, and the subgrade shall be treated as the main trench.
(D) Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.
(E) Cutouts outside of the trench lines must be normal or parallel to the trench line.
(F) Boring or other methods to prevent cutting of new pavement may be required by the City Manager.
(G) The permittee shall not be required to repair damage existing prior to excavation unless his cut results in small floating sections that my be unstable, in which case the permittee shall remove and refill the area.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
(A) No person shall, without written permission of the City Manager, install any substructure, except manholes, vaults, valve casings, culverts and catch basins at a distance less than:
(1) Streets. Thirty inches below the established street or alley grade.
(2) Parkways.
(a) The minimum depth of any substructure shall be 24 inches below established street or alley grade when the substructure parallels the parkway.
(b) The minimum depth of any substructure shall be 24 inches below the top of the established sidewalk or curb when a substructure is at right angles to the parkway.
(3) Other public places. The minimum depth of any substructure in any other public place shall be 24 inches below the surface; provided, however, that the City Manager may permit a lesser depth in special cases.
(B) Nothing in this section shall impose a duty upon the permittee to maintain the specifications as required herein upon subsequent changes of grade in the surface unless the grade in the substructure interferes with the maintenance of, or travel on, a public street.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
(A) Selected backfill material shall be placed in trenches containing pipe simultaneously on both sides of the pipe for the full width of the trench in layers about six inches in depth and tamped thoroughly with a pneumatic tamper. The entire depth of the trench shall be thoroughly compacted with selected material and by means of hand or mechanically operated tampers, in layers of approximately six inches and shall be brought to the required surface grade without damage to the pipe.
(B) In lieu of the backfilling procedure specified above, river run gravel or crushed rock or gravel may be used for backfilling that portion of the trench more than six inches above the top of the pipe, provided the maximum size of material shall not exceed four inches in diameter and shall be of uniform graduation with 20% or more passing a ¼-inch square screen, ¾”- 0 crushed rock shall be placed in the final 12 inches of the trench and compacted in six-inch lifts, to a smooth finished grade equal to the existing surface.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Each permittee shall conduct excavation work in a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
The City Manager shall have inspections made as are reasonably necessary in the enforcement of this subchapter. The permittee shall notify the city prior to backfilling an excavation so that proper inspection may be made.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Every person owning, using, controlling or having an interest in substructures under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the city shall file with the City Manager within 120 days after adoption of this chapter a map or set of maps each drawn to a scale of not less than one inch to 200 feet showing in detail the location, size, description and date of installation, if known, of all substructures, except service line designed to serve a single property owner, beneath the surface of the public place belonging to, used by or under the control of the person having any interest and shall file with the City Manager within 15 days after the first day of January of each and every year a corrected map or set of maps each drawn to the scale including all installations made during the previous year to and including the last day of the year provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Immediately after completion of the work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work, and upon failure to do so within 24 hours after having been notified to do so by the City Manager, the work may be done by the city and the cost thereof charged to the permittee.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Nothing in this subchapter shall be construed to prevent the making of the excavations as may be necessary for the preservation of life or property or for the location of trouble in a conduit or pipe or for making repairs provided that the person making the excavation shall apply to the City Manager for a permit on the first working day after the work is commenced.
(Ord. 1942, passed 11-10-97)
This subchapter shall not be construed as imposing upon the city or any official or employee any liability responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the city or any official or employee thereof be deemed to have assumed any liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or by the approval of any excavation work.
(Ord. 1942, passed 11-10-97)
In order to conserve new paving and resurfacing of streets, pavement cuts are prohibited therein except for emergency repairs or upon payment of a penalty charge. The maximum period of time for which a penalty shall apply to a street shall be five years. The penalty shall be five times the cost of restoring the pavement surface during the first year, four times the restoration costs during the second year, three times the restoration costs during the third year, two times the restoration costs during the fourth year and equal to the restoration costs during the fifth year. This penalty fee shall be computed in addition to the normal resurfacing charge and shall be computed from the date at which the city accepted the newly paved surface. In order to avoid the necessity of these penalties, the city shall inform utilities and affected property owners before new paving or resurfacing is performed. Provided, however, this section shall not apply to any necessary reservicing of utility lines serving existing structures.
(Ord. 1942, passed 11-10-97)
Cross-reference:
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 490, passed 8-23-63)
(A) It shall be unlawful for any person to cut, break out, or remove any curb along a street or alley without first obtaining a permit for a driveway approach, as hereinafter provided.
(B) It shall be unlawful for any person to construct, alter, or extend, or permit or cause to be constructed, altered, or extended, any driveway approach which can be used only as a parking space or area between the curb and private property.
(C) All permits granted for the use of public property under the terms of this sub-chapter shall be revocable at the will of the City Council.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
(A) Any person desiring to construct a driveway approach across any curbing, parking, sidewalk, or sidewalk space shall first make application to the City Engineer for a permit therefor. The application shall be in writing upon a form provided by the city, and made available at the office of the City Engineer. The application shall contain information showing type of construction, the width of the proposed driveway approach, the location of the driveway approach by lot and block number, as well as by street and house number, and other information as may be required by the City Engineer. The application shall be filed by the property owner desiring to construct the driveway approach or by his or her duly authorized agent.
(B) The permit shall be issued, at no charge, by the City Engineer if he has determined that the applicant has complied with the terms of this sub-chapter.
(Ord. 490, passed 8-23-63)
All work done under a permit issued in compliance with this subchapter shall be under the direction and supervision of the City Engineer, who is hereby authorized to make the necessary rules, regulations, and specifications with respect to materials for and method of construction of driveway approaches. A permit issued under the provisions of this subchapter may be revoked by the City Engineer at any time he is satisfied that the work is not being performed according to the provision hereof.
(Ord. 490, passed 8-23-63)
In addition to the rules, regulations, and specifications promulgated by the City Engineer with respect to driveway approaches, the following requirements shall be complied with in the work done under the provisions of this subchapter.
(A) The outside of the driveway approach shall be a straight grade from the top of the curb to the grade of the outside sidewalk line.
(B) No curb cuts shall be made beyond any property line as projected except when consented to in writing by the adjoining property owner involved.
(C) The top of the paving of the driveway slab at the back of the curb line shall be 1e inches above the flow line of the gutter and shall slope in a straight line to the flow line of the gutter, and shall be constructed in a manner that will not interfere with or obstruct the drainage in the street.
(D) The owner and contractor shall protect the public from injury or damage during the construction of driveway approaches, and it is herein stipulated, as an essential condition of the issuance of a permit, that the city shall not be liable for damage which may arise from the prosecution of work.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
(A) Classification of driveway approaches.
(1) Driveway approaches shall be of two classes, namely, resident driveway approaches and business driveway approaches. Resident driveway approaches shall not exceed 20 feet in width at the outside sidewalk line, and the curb cut shall not exceed the width of the driveway approach at the outside sidewalk line by more than ten feet.
(2) Business driveway approaches shall not exceed 35 feet in width at the outside sidewalk line, shall have at least one curb parking space between driveway approaches and the curb cut shall not exceed the width of the driveway approach at the outside sidewalk line by more than ten feet. All business driveway approaches shall be paved.
(B) Width and location of driveway approaches. In addition to the width restrictions relative to driveway approaches set out in division (A) above, the following limitations on the width and location of driveway approaches for each parcel of land shall also be complied with, to wit:
(1) Where the frontage of the parcel of land does not exceed 38 feet in width, there may be constructed only one driveway approach.
(2) Where the frontage of the parcel of land exceeds 38 feet in width, the curb cuts for driveway approaches shall not exceed 60% of the frontage of the parcel of land, provided however, that at least one curb parking space shall separate each driveway approach.
(3) No portion of a driveway approach except the curb return shall be constructed within 18 feet of a corner.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
Any plans submitted to the Building Inspector for approval which include or involve unusual driveway approaches or problems shall be referred by the Building Inspector to the City Engineer for his approval before a building permit shall be issued.
(Ord. 490, passed 8-23-63)
(A) Every driveway approach or entrance to abutting property shall be maintained and kept in a safe condition by the owner of the abutting property, and any driveway approach which shall not be so maintained and kept or which shall interfere with or obstruct the drainage carried by a street or the use of the street for the purpose of travel shall be repaired to conform with the specifications of this ordinance and the City Engineer or be removed. Upon the removal of any driveway approach, that portion of the street occupied by the same shall be restored as nearly as practicable to its former condition and all curbing shall be replaced, all by and at the expense of the owner of the abutting property.
(B) Whenever any driveway approach constructed under the provisions of this chapter no longer provides access for vehicles to something definite on private property, such as a parking area, a driveway, or a door at least seven feet wide, intended and used for the entrance of vehicles, the driveway approach shall be removed forthwith, and that portion of the street occupied by the driveway approach shall be restored as nearly as practicable to its former condition and all curbing shall be replaced, all by and at the expense of the owner of the abutting property.
(Ord. 490, passed 8-23-63) Penalty, see § 94.99
The City Engineer is hereby authorized to grant in writing variances from the strict application of the provisions of this chapter, provided he first determines that the following conditions are present:
(A) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city or is due to the nature of the business or operation on the abutting property.
(B) The exception or variance desired is not against the public interest, particularly safety, convenience, and general welfare.
(C) The granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants.
(D) That the strict application of the terms of this subchapter will work unnecessary hardship on the property owner or tenant.
(Ord. 490, passed 8-23-63)
(A) The owner, agent or occupant of any lot or part or parcel of land abutting or fronting upon any sidewalk which is now or may hereafter be constructed upon any street of the city, who shall suffer or permit the accumulation of sand drifts or banks of dirt or the growth of weeds or the accumulation of filth and trash or other obstruction upon the sidewalk abutting upon his or her property commits a Class A violation.
(Ord. 56, passed 5-31-11; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(B) Any person, firm, or corporation violating any provision of §94.03, or failing to comply therewith, commits a Class A violation.
(Ord. 696, passed 4-26-71; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(C) Any person who shall fail to make any repair required by §94.04 within five days after notified so to do by the Finance Director/Recorder commits a Class D violation.
(Ord. 92, passed 7-5-17; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(D) Offenses set forth in §§94.05 through 94.10 are Class A violations. Any person who shall attempt to commit any of the offenses mentioned in this division, 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; Am. Ord. 1976, passed 10-26-98)
(E) Any person, firm or corporation violating any of the provisions of §§94.20 through 94.26 commits a Class A violation. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punished.
(Ord. 556, passed 11-24-65; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
(F) Anyone who violates a provision of §§94.35 through 94.51 commits a Class A violation. Every full business day during which a business activity continues to be conducted in violation of §§94.35 through 94.51 shall be considered a separate offense. Offenses under §§94.35 through 94.51 shall be heard by the Board of Appeals as a violation and not as a crime. As a violation, there is no right to jury trial or court-appointed counsel.
(Ord. 1942, passed 11-10-97; Am. Ord. 1976, passed 10-26-98)
(G) Any person violating any of the provisions of §§94.65 through 94.73, or causing, permitting, or suffering the same to be done, commits a Class A violation. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of §§94.65 through 94.73 is committed, continued or permitted. The issuance or granting of a permit shall not be deemed or construed to be a permit for, or approval of, any violation of §§94.65 through 94.73.
(Ord. 490, passed 8-23-63; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)
This chapter shall be known as the Alarm Control Ordinance.
(Ord. 1329, passed 10-13-80)
The purpose of this chapter is to protect the emergency services of the city from abuse and misuse.
(Ord. 1329, passed 10-13-80)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1329, passed 10-13-80)
(A) All existing and future users of burglary, robbery or fire alarm systems shall obtain an alarm users permit from the office of the Chief of Police upon the effective date of this chapter or pursuant to use of an alarm system. Systems using robbery, burglary or fire alarm capabilities are required to obtain a permit for each function. Application for the burglar, robbery, or fire alarm permit and a fee, as established by resolution of the City Council, for each must be filed with the Chief of Police for each year or part thereof. All permits shall expire on the date of June 30. Each permit will bear the signature of the issuing official and the Chief of Police and shall be valid for a period not to exceed one year. The permit shall be physically upon the premises using the alarm system and there available for inspection by the Chief of Police.
(B) Residential alarm users over the age of 65 and being the principal occupant of the premises wherein no business is conducted will not be required to pay the permit fee but will be required to obtain a permit within the 60 days after the need for the permit arises.
(Ord. 1329, passed 10-13-80)
(A) Every alarm business selling or leasing to any user an alarm system which is installed upon a premises that is interconnected to the City Emergency Communications Center shall furnish that person with instructions that provide adequate information to enable persons using the equipment to operate it properly and where to obtain service for the equipment at any time.
(B) If the Chief of Police determines in his reasonable discretion that the information is incomplete, unclear, or inadequate, he may require the alarm business to revise the information to meet his approval and then to distribute the revised information to alarm users.
(Ord. 1329, passed 10-13-80)
(A) It is unlawful for any person to program an automatic dialing device to select a primary trunk line and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic dialing device which is programmed to select a primary trunk line within 24 hours of notice that it is so programmed.
(B) Within 60 days of the effective date of this chapter, all existing, automatic dialing devices programmed to select a primary trunk line will be reprogrammed or disconnected if the device is located within the corporate limits of the city.
(C) It is unlawful for any person to program an automatic dialing device to select any emergency telephone line assigned to the City Emergency Communications Center. It is unlawful for an alarm user to fail to disconnect or reprogram within 24 hours of notice of an automatic dialing device which is programmed to select an emergency telephone line assigned to the City Emergency Communications Center.
(Ord. 1329, passed 10-13-80) Penalty, see § 95.99
Signals from an alarm system which are false alarms are hereby declared to be a public nuisance. The user may have an allowance of four false alarms occurring within a one-year period starting from the date an alarm permit is issued until it expires one year later or until June 30, whichever occurs first. The fifth false alarm within that one-year period shall be subject to a service charge as established by resolution of the City Council charged to the user of the alarm system. Any additional false alarms occurring within that same one-year period shall be subject to an additional fee. Payment of service charges are payable within 60 days of notification that the charges are due. Failure to pay the assessed service charge shall result in the user's permit being suspended and his alarm system immediately terminated. Determination of whether or not the alarm falls within the definition of false alarm is the sole discretion of the Chief of Police.
(Ord. 1329, passed 10-13-80)
Whenever a user of an alarm system deems it necessary to test or otherwise intentionally set off or activate an alarm system located on his premises, he shall notify the City Emergency Communications Center that he intends to test or otherwise intentionally activate that alarm prior to actual tests being conducted. Failure to do so will result in that user being considered as having had a false alarm.
(Ord. 1329, passed 10-13-80)
Any person violating any of the provisions of this chapter commits a Class A violation.
(Ord. 1329, passed 10-13-80; Am. Ord. 1632, passed 6-22-87)