Chapter 9.48 — DISTURBING THE PEACE

Note: Prior ordinance history: Ord. Nos. 9, 289, 334, 437, and 519.

It is hereby found and declared that:

• A. The creation or maintenance of excessive noise or vibration which is prolonged or unreasonable in its time, place and use is deemed to be a serious detriment to the public health, safety and quality of life of the residents of the city; and

• B. Therefore, it is the intent of the city to control and, in some instances, prohibit noise and vibration which may impact the health, safety or welfare of the citizens of Jackson.

• (Ord. 625 §1, 2002)

"Loud noise" means excessive or unreasonable noise, sound or vibration which endangers the comfort, repose, health, peace or safety of others within the limits of the city. The determination of whether a noise is unreasonable shall be based on, among other things, consideration of the hour, place, nature, and circumstances of the emission or transmission of any loud noise. (Ord. 625 §2, 2002)

Every person who maliciously and wilfully disturbs another person by loud and unreasonable noise, or who unlawfully fights in a public place or challenges another person in a public place to fight, or any person who uses vulgar, profane or offensive words in a public place which are inherently likely to provoke a violent reaction is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail for not more than six months, or by both fine and imprisonment.

(Ord. 9 §1, 1906; Ord. 289 §1, 1969; Ord. 334 §2, 1973; Ord. 437 §2, 1979)

Any person who accosts in a rude or impertinent or boisterous or insulting manner, any person passing along the streets or on the sidewalks of the city, is guilty of a misdemeanor. (Ord. 9 §16, 1906)

prohibited.

• A. Any person who has in his or her possession or is drinking upon a public sidewalk or public street in any commercially zoned area of the city, an open container, glass or cup which contains any alcoholic beverage, or any person who leaves upon a public sidewalk or public street in any commercially zoned area of the city an open container, glass or cup which contains any alcoholic beverage, shall be guilty of a misdemeanor.

• B. Any person violating any of the provisions of this section and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for a term not to exceed six months, or by both fine and imprisonment.

• (Ord. 437 §1, 1979)

• A. Any person who drinks an alcoholic beverage or has in his or her possession or leaves or places an open container containing an alcoholic beverage, within or upon a public street, sidewalk, or public school facility or within two hundred feet of a public school facility during such time an authorized school activity is being conducted shall be guilty of a misdemeanor.

• B. Any person convicted of violating any of the provisions of this section shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a term not to exceed six months, or by both fine and imprisonment.

• (Ord. 519 §1, 1987)

No person shall make, continue or cause to be made or continued, any loud, excessive or unreasonable noise or sound within the limits of the city. (Ord. 625 §3, 2002)

As used in this article, loud, excessive or unreasonable noise shall include, but not be limited to, the following:

• A. Radios, Amplifiers, etc. The use, operation or maintenance of sound, from any radio, musical instrument, amplifier, "boom box" or other device designed for the production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of individuals on a public street, or in or near a residence, business or other such occupied structure. The creation or maintenance of such noise in such a manner so as to be plainly audible at a distance of one hundred feet from the source of such noise between the hours of ten p.m. and seven a.m. shall be prima facie evidence of a violation of this section.

• B. Maintenance Equipment. The use and operation of any noise-creating commercial or residential landscaping or home maintenance equipment or tools including, but not limited to, sweepers, hammers, blowers, trimmers, mowers, chainsaws, power fans or any engine, the operation of which causes noise due to the explosion of operating gases or fluids, other than between the hours of seven a.m. and sunset on weekdays which are not holidays, between eight a.m. and sunset on Saturdays, Sundays and holidays in residential areas and seven a.m. and ten-thirty p.m. in commercial areas.

• C. Motor Vehicles. The using or operating of any motor vehicle in a manner which creates piercing or loud noises which may be heard beyond the property lines of the property from which the subject noise is produced or caused. Noise limits prescribed in the California Vehicle Code shall be applicable with-in Jackson city limits.

• D. Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or singing on a public street at any time or place with the intent to annoy or disturb the quiet, comfort or repose of a person or persons in any dwelling, office, building or structure, or of any person or persons in the vicinity.

• E. Animals. The keeping of any animal or bird, as pet or livestock, which, by causing frequent or continuous noise disturbs the comfort or repose of any persons in the vicinity. The creation or maintenance of noise by animals in such a manner as to be plainly audible at a distance of one hundred feet from the source of such noise shall be prima facie evidence of a violation of this section.

• F. Construction or Repair of Buildings.

  1. The erection, construction, demolition, alteration or repair of any building, structure or residence that requires a permit, or the excavation of any earth, fill, streets or highways that requires a grading permit, other than between the hours of seven a.m. and eight p.m. on weekdays which are not holidays, between eight a.m. and seven p.m. on Saturdays, between nine a.m. and five p.m. on Sundays, or those precise hours of operation enumerated in individual building and grading permits.

  2. If the building official determines that the public health, safety and welfare will not be impaired by the erection, construction, demolition, alteration or repair of any building, structure or residence during hours other than permitted in the preceding paragraph, and if he or she further determines that loss or inconvenience would result to any person in interest, he or she may grant permission for such work to be done, the specific hours and days of operation to be enumerated in the permit, subject to approval of the city manager.

  3. This section shall not be construed to require a permit for a public utility engaged in any of the aforementioned activities provided reasonable effort is made to minimize noise disturbance while such work is in progress.

• (Ord. 625 §4, 2002; Ord. 628 §1, 2002)

It is unlawful to use or operate any engine speed governor system equipped on any motor vehicle within the incorporated city limits, to include all streets, roadways, and state highways, which fall under the law enforcement jurisdiction of the Jackson police department and concurrent law enforcement jurisdiction of the California Highway Patrol. (Ord. 652 §1, 2007)

• A. The provisions of this article shall not apply to any bona fide emergency wherein emergency braking is necessary to avoid a collision.

• B. Schools within the city's limits using maintenance equipment may commence at six a.m.

on weekdays which are not holidays but are otherwise subject to the limitations set forth in this chapter.

• (Ord. 625 §5, 2002; Ord. 652 §1, 2007)

• A. Any person violating any provision of this chapter is guilty of a misdemeanor and may be punished by a fine of up to one thousand dollars or six months imprisonment or both; provided, however, that in the discretion of the district attorney or city attorney any such violation may be charged as an infraction. Any such infraction shall be punishable by a fine of one hundred dollars for the first offense, two hundred and fifty dollars for the second offense, and five hundred dollars for the third and any subsequent offense.

• B. This chapter may also be enforced by any and all other means authorized by law. Additionally, and without limitation, the city manager or his/her designee may also convene an administrative hearing with regard to any alleged violation and assess administrative penalties or require corrective action as is determined to be appropriate.

• (Ord. 625 §6, 2002)