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Home My WebLink AboutO - Public Nuisance Ordinance 1 • •CITY CLEFS OFFICE. 'r'teceiued._,, r i' ZZ 200 st$;,off Recorded iri Vo• 37(0 on peQQ„ / 53(0 Jf So.�uriington Land Records CITY OF SOUTH BURLINGTON •• Attest: 4,2,...._Za . Done S.KInvf#e,qKy Berk • • PUBLIC NUISANCE ORDINANCE • The Council of the City of South Burlington hereby ordains: Section 1. • Authority. • . • This ordinance is enacted pursuant to the authority granted to the City to promote • the public health, safety, welfare, and convenience contained in 24 V.S.A. §2291, and §104 of the South Burlington City Charter. This ordinance shall be a civil ordinance • within the•meaning of 24 V.S.A. Chapter 59.. ' Section 2, General Definitions. As used in this ordinance: "City" shall mean the City of South Burlington and/or its duly authorized agents • or employees. . . - • • • • "Person" shall mean any natural person, corporation, municipality, the state of • • Vermont;or any department, agency or subdivision of the state, and any partnership, unincorporated association or other legal entity. • "Public place"shall mean a place where a governmental entity has title to or i which the public or a substantial group of persons has access, including but not limited to . any street, highway, parking lot,plaza,transportation structure;facility or vehicle, school,. 'place of amusement, park,'playground or sidewalk or to the doorways and entrances to • buildings or dwellings, or grounds enclosing them thereupon Section 3. Purpose. , • 'It is the purpose of this ordinance to preserve the public health, safety, and welfare by prohibiting general nuisance behavior which is unreasonable or unsuitable for 1 a particular time and place, and which, consequently, is detrimental to the peace and good order of the community. It is the goal of this ordinance to allow all persons of South Burlington to peacefully coexist in a manner which is mutually respectful of the interests • and rights of each other. Typically, nuisance behavior disrupts the public peace and affects the quality of life within the community. Section 4. Excessive Noise. • A. Purpose. The purpose of this section is to preserve the public health, safety, and welfare by prohibiting excessive and disturbing noise and to prevent noise which•is • prolonged or unsuitable for the time and place and which is detrimental to the peace and good order of the community. It is the goal of this section to allow all persons of • our city to peacefully coexist in a manner which is mutually respectful of the interests • • and rights of others. • / • • 4 + • • • B. Prohibited noise offenses. • • 1. General prohibition. It shall be unlawful for any, person to'make or cause to 'be made any loud or unreasonable noise. Noise shall be deemed to be unreasonable when it disturbs, injures or endangers the peace or health off, or more u ated peopleor when it endangers the health,safety or welfare of • tie community. Any such.noise shall be considered to be a noise disturbance • and a public nuisance. 2. Express prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances: .a. Radios; television sets, musical instruments,phonographs and • • similar devices. Operating or permitting the use or operation of any musical instrument, radio, television, phonograph, or other device • for the production or reproduction of sound in such a manner as to be plainly audible through walls or floors between units within the same building,from another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a manner as to unreasonably disturb the peace,quiet or comfort of the public. b. Motor vehicle sound equipment. The operation or permitting the operation of any radio, stereo or other sound amplification equipment from a motor vehicle that is audible at twenty-five(25) feet from such vehicle. The term "motor vehicle" shall mean any • • car,truck or motorcycle. • c. Parties and other social eti1ents. Notwithstanding section (B)(1), it shall be unlawful for any person who is participating in a party or other social event to actively, make unreasonably loud noise. A • "party or other social event" is defined as a gathering upon the . premises of one or more persons not residing at the premises. • Unreasonably loud noise is noise that unreasonably interferes with the peace or health of members of the public or is plainly audible . between the hours of 10:00 p.m.,and 7;00 a.m. through the walls between units within the same building, from another property or from the street. It shall also be unlawful for any person of a premises under his or.her control to allow a party or other social event occurring in or about the premises to produce unreasonably loud noise. There is a rebuttable presumption that all persons of the • • premises have allowed such party or other social event to occur in or • about the premises, All persons of the premises are responsible for such unreasonable noise made, each having joint and several liability. d. Machinery. Operating or permitting or directing the operation of any • power equipment or machinery outdoors between the hours of 9:00 'p.m. and 7:00 a.m., except in emergency situations or by permission • ofthe City Manager. • • i • • • • • • e. Construction noise. Noise resulting from the excavation, demolition, erection,'construction, alteration or repair of any premises or • • structure between the hours of 9:00 p.m. and 7:00 a.m., except in • • " emergency situations or by permission of the City Manager, • • £ Loudspeakers. The use of loudspeakers or other sound amplification equipment upon the public streets for the purpose of commercial • advertising or attracting the attention of the public to any building or • site. g. Dog Barking. Persons keeping or harboring any dog or cat which by frequent or long continued noise disturbs the comfort or repose of persons in the vicinity. • h. Trash Removal. Noise related to trash pick-up.and'removal between • the hours of 8:00 pm and 6:00 a.m. • C. Exemptions. Noise from the following sources shall be exempt from the prohibitions specified.herein: 1." All safety signals-and warning devices or any other device used to alert • . • • • persons to any emergency or used during the conduct of emergency work, . including., but not limited to, police;fire and rescue vehicle sirens.• . 2. The repair and maintenance of municipal facilities, services or public utilities. • when such work must be accomplished outside daytime hours. • 3. Snow removal equipment operated within the manufacturer's specifications • and in proper operating condition. 4. Musical,recreational and athletic events conducted by and on the site of a • school, educational institution, park,or recreational area. • 5. Events and activities conducted by or permitted by.the City. Persons-operating. an event or activity authority of an entertainment permit, parade/street event permit, or parks special use permit shall comply with all conditions of such permits or licenses with respect to noise control issues. 6.. Construction or repair work which must be done to address an emergency . ' • health or safety concern and that cannot be accomplished during daytime hours and which is not work which includes normal maintenance and repair. 7. Any other specific.function as approved by the City Manager • D. Enforcement. • • ' . • 1. First offense. A first offense of any provision of this section by a person • during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of two hundred dollars($200,00)to a maximum fine of five hundred dollars • •($500.00), which may, at-the discretion of the prosecuting official, be waived ' • • in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service, The' • waiver penalty for a first Offense of any provision of this section by a person r r during any twenty-four(24) month period shall be a fine of two hundred • dollars($200,00). 2. Second offenses, A second offense during a twenty-four(24)month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of three hundred dollars ($300.00)to a maximum fine of five hundred dollars($500.00)which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty shall be a fine of three hundred dollars ($300.00). - 3. The third and any subsequent offense within a twenty-four(24)month period shall be deemed a civil offense and shall be punishable by a fine of five hundred dollars($500.00). 4. Any law enforcement officer or authorized municipal official may issue a Municipal complaint ticket for offenses of the noise control ordinance. State law references: Noise in the nighttime, 13 V.S.A. § 1022; Disorderly conduct, 13 V.S.A. § 1026. Section 5.Urination and defecation in streets. A. No person shall urinate or defecate on any street, in a park or other public place, except in facilities specifically provided for this purpose. Such practice is hereby declared to.be a public nuisance. B. Enforcement. 1. First offense. A first offense of any provision of this section by a person during any twenty-four-month period shall be deemed a civil ordinance • violation and shall be punishable by a penalty of a minimum fine of fifty dollars($50.00)to a maximum fine of five hundred dollars($500.00). The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars($50.00). 2. Second offenses. A second offense during a twelve(12)month period shall be deemed.to be a civil offense and shall be punishable by a minimum fine of one hundred dollars($100.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). 3. The third and any subsequent offense within a twelve (12)month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of - two hundred dollars($200.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of two hundred dollars • ($200.00). • • • • • • • • . • • Section b.-Defacing buildings, structures and signs. • • A. Defacing buildings, structures and signs prohibited. No person shall apply or • cause to be applied any paint,varnish,"lead, crayon, wax, ink, dye or other indelible • substance, nor shall any person carve, chisel or write any figure or letter on the exterior or interior walls or on the windows,of any building or structure or deface any sign without having first secured authority from the owner of such building or his duly authorized • agent to do so.. Such practice is hereby declared to be a public nuisance. • B. Enforcement. ' 1. First offense. A first offense of any provision of this section by a person during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a.penalty of.a minimum fine of fifty dollars($50.00)to a maximum fine of five hundred dollars ($500.00), which may, at the discretion of the prosecuting official, be waived in whole or in part • upon the successful completion of a City approved restorative or reparative • justice program or other community service. The waiver penalty for a first • • offense of any provision of this section by a person shall be a fine of fifty • • dollars($50.00). 2. Second offenses. A second offense during a twelve(12)month period shall be • deemed to be a•civil offense and shall be punishable by a minimum fine of one hundred dollars($100.00)to a maximum fine of five hundred dollars ($500,00). The waiver penalty-shall be a fine of one hundred dollars ($100.00). . . . 3. The third and any subsequent offense within a twelve(12) month period shall . • • . be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00)to a maximum fine of five hundred dollars • ($500.00). The waiver penalty shall be a fine of two hundred dollars • ($200.00). • • • Section 7. Improper Use of Privately Controlled Waste Containers. A. The dumping of household, construction, or other forms of waste in privately • controlled waste containers shall be a violation of this section. B.. Enforcement. ' 1. First offense. A first offense of any provision of this section by a person • during any twenty-four-month period shall be deemed a civil ordinance • violation and shall be punishable by a penalty of a minimum fine of fifty • dollars($50.00)to a maximum fine of five hundred dollars ($500.00). The • • waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($f0,00), • 2. Second offenses. A second offense during a twelve(12)month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars(S100.00)to a maximum fine of five hundred dollars .($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). ' S. 3, The third and any subsequent offense within a twelve(12) month period shall be deemed to be a civil offense and.shall be punishable by a minimum fine of • two hundred dollars($200.00)to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of two hundred dollars ($200100). • Section 8, Other Relief. • • In addition to the enforcement procedures available before the Judicial Bureau, the City, through the City Manager or City Attorney, is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law to enforce this Ordinance. • ADOPTED at South Burlington, Vermont,this 1 day of A?.:'\ ,2008, and to be effective upon adoption_ SOUTH BURLINGTON CITY COUNCIL Y • (&614.-1.-t-t-----.ari • • • Received and Rec ded,t ' LL day of 11:110't i ( , 2008. • City Clerk son07-00 1 publicnuisanceordDRAFT3.doc *END OF DOCUMENT •