CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 4. Offenses Against Public Peace

(a)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle.

(b)   The term “sound amplification system” means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of sound.

(c)   The term “plainly audible” means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.

(d)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

(1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(2)   The vehicle was an emergency or public safety vehicle;

(3)   The vehicle was owned and operated by the city or a gas, electric, communications or refuse company;

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assemblages of persons in compliance with this Code;

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.

(e)   Any person, partnership, corporation or association who violates any of the provisions of this section, upon conviction, shall be punished by a fine not to exceed $500.00. Each day any violation is found to exist shall be a separate offense and punishable as such under this article.

(Code 1974, § 11.03.010; Ord. 721, § 4, 1995; Code 2018, 26-51)

It is unlawful for any person to be in the city parks between the hours of 12:00 midnight and 6:00 a.m., except Saturday and Sunday when the hours are 2:00 a.m. and 6:00 a.m. The chief of police of the city may authorize any activity between the closed hours if the same is duly organized by a recognized organization. Unlawful use of a city park is a Class C misdemeanor.

(Code 1974, § 11.03.030; Ord. 721, § 6, 1995; Code 2018, 26-52)

(a)   It is unlawful and a misdemeanor for any person to discharge any firearms, set off any firecrackers, rockets, squibs, or any other species of fireworks, or throw any fireballs or any inflammable or combustible material, or make any bonfires within the city limits.

(b)   This section shall not apply to fireworks used in compliance with this Code, to the discharge of firearms in any licensed shooting gallery, to any gunsmith in his trade, to the shooting of dogs running at large in violation of city ordinances, to the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, to the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.

(Code 1974, § 6.28.010; Ord. 493, § 1(part), 1979; Code 2018, 26-53)

It is unlawful to swim or wade in public areas that have been designated as no swimming and no wading areas by the posting of signs prohibiting the same. Violations of this section shall be punishable by a fine of not more than $250.00.

(Code 1974, §§ 11.07.050, 11.07.055; Ord. 906, §§ 1, 2, 7-14-2009; Code 2018, 26-54)

(a)   Federal license and regulations.

(1)   It shall be unlawful to land, tether, take off, carry passengers or otherwise operate any manned balloon within the boundaries of the city without a license to operate the balloon with all necessary ratings and endorsements that has been issued by the Federal Aviation Administration.

(2)   It shall be unlawful to land, tether, take off, carry passengers or otherwise operate any manned balloon, or any unmanned or moored balloon that is subject to regulation under 14 CFR Part 101, in an unsafe manner or in violation of any federal law or regulation governing the lawful use and operation of a manned, unmanned or moored balloon.

(b)   Balloon operation permit.

(1)   It is unlawful to land, tether or take off any balloon, be it manned, unmanned or moored, on any public property, including public parks and streets, within the boundaries of the city except within any location on public property where the landing, tethering and taking off of balloons has been authorized by a balloon operation permit issued by the city and except in cases of emergency. Emergencies are defined as nonroutine events caused by extraordinary conditions, such as rough weather or a mechanical malfunction or failure.

(2)   It is unlawful to land, tether, take off, carry passengers in or operate a manned, unmanned or moored balloon within the boundaries of the city without a balloon operation permit or in violation of the terms of a balloon operation permit, except that no permit is required if a balloon is only flown over the city and is not landed, taken off or tethered within the city limits.

(3)   Balloon operation permits shall be issued by the city administrator and shall require the owner or operator of the balloon to present proof of insurance covering liability for all balloon operations.

(4)   Each permit shall include a description of the locations on public property where the landing, tethering and taking off of a balloon has been authorized.

(5)   All balloon operation permits shall require the permit holder to repair any damage to public property caused by the landing, tethering or taking off of a balloon from public property, and the permit holder shall return the public property to the same condition it was in prior to its use for landing, tethering and taking off a balloon.

(6)   Balloon operation permits may prescribe the days and times a balloon may be landed, tethered or taken off from public property within the boundaries of the city.

(7)   Balloon operation permit fees shall be established by resolution of the city council.

(8)   Balloon operation permits may be issued on a yearly or one-time basis.

(Ord. 1032, § 1, 8-22-2017; Code 2018, 26-55)