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<br />OFFENSES-MISCELLANEOUS
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<br />9 389.70
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<br />~
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<br />(c) Activities which constitute a public nui-
<br />sance. The following acts are violations of this
<br />section without reference to the standards of
<br />paragraphs (a) and (b) of this section, with the
<br />exception of section 389.65 (b) (13), namely:
<br />
<br />(1) Noisy assembly. Participating in, visiting,
<br />or remaining at a gathering knowing or
<br />having reason to know that the gathering
<br />is a noisy assembly, as defined in section
<br />389.30, except person(s) who have come to
<br />the gathering for the sole purpose of abat-
<br />ing the disturbance.
<br />
<br />(2) Permitting noisy assembly. Knowingly per-
<br />mitting real estate under one's care or
<br />control to be used for a noisy assembly, as
<br />defined in section 389.30.
<br />
<br />(3) Horns and other signal devices. The sound-
<br />ing of any horn or signal device on an
<br />automobile, motorcycle, bus or other vehi-
<br />cle while not in motion, except as a danger
<br />signal or traffic warning.
<br />
<br />(4) Keeping animals or birds. The keeping of
<br />any animal or bird which causes long,
<br />frequent, and/or continuous noise which
<br />would be likely to cause significant dis-
<br />comfort or annoyance to a reasonable per-
<br />son of normal sensitivities present in the
<br />area.
<br />
<br />(5) Operation of vehicles. The use of any au-
<br />tomobile, pickup truck, motorcycle, or other
<br />vehicle which is not reasonably main-
<br />tained and which causes noise which would
<br />be likely to cause significant discomfort or
<br />annoyance to a reasonable person of nor-
<br />mal sensitivities present in the area.
<br />
<br />(6) Amplified sound from vehicles. Except as
<br />provided in section 389.105, the playing
<br />or operation, or permitting the playing,
<br />use or operation, of any radio, tape player,
<br />disc player, loud speaker, or other elec-
<br />tronic device used for the amplification of
<br />music or other entertainment, which is
<br />located within a motor vehicle being oper-
<br />ated on a public street or alley, or in
<br />commercial or residential parking facili-
<br />ties, which is audible by any person from
<br />a distance of fifty (50) feet or more from
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<br />Supp. No. 16
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<br />the vehicle. When sound violating this
<br />section is produced or reproduced by any
<br />such device that is located in a motor
<br />vehicle, the motor vehicle's owner, ifpresent
<br />when the violation occurs, is in violation
<br />of this section. If the motor vehicle's owner
<br />is not present at the time of the violation,
<br />the person in charge or control of the
<br />vehicle at the time of the violation is in
<br />violation of this section. In addition to an
<br />owner or a. driver, any person who con-
<br />trols or assists with the production of
<br />sound violating this section is in violation
<br />of this section. Violation ofthis subsection
<br />is a misdemeanor. A first violation of this
<br />subsection is punishable by a fine not to
<br />exceed five hundred dollars ($500.00), a
<br />second violation is punishable by a fine
<br />not to exceed seven hundred dollars
<br />($700,00), and a third violation is punish-
<br />able by a fine to the maximum amount.
<br />
<br />(7) Amplified sound. The playing or opera-
<br />tion, or permitting the playing, use or
<br />operation, of any radio tape player, loud
<br />speaker or other electronic device used for
<br />the amplification of sound (except as spe-
<br />cifically permitted under section 389.105) .
<br />located inside or outside, the sound of
<br />which carries to points of habitation on
<br />adjacent properties, and is audible above
<br />the level of conversational speech at a
<br />distance of fifty (50) feet or more from the
<br />point of origin of the amplified sound.
<br />(97-0r-063, ~ 7, 7-11-97; 97-0r-067, ~ 2,
<br />7-25-97)
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<br />389.70. Construction and demolition equip-
<br />ment. (a) Except as hereinafter provided, no
<br />construction or demolition equipment shall be
<br />operated within the city between the hours of6:00
<br />p.m. and 7:00 a.m. on weekdays or during any
<br />hours on Saturdays, Sundays and state and fed-
<br />eral holidays, except under specific permit from
<br />the director of inspections or the city council, for
<br />the purpose of a specified construction project
<br />only, as provided below and no such equipment
<br />shall be operated at any time if the sound level
<br />from such operation exceeds ninety (90) decibels
<br />measured at fifty (50) feet or more away from the
<br />
<br />1654.7
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