(a)   It shall be unlawful for any person to make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City of Bennington.

(b)   It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio receiving set, television, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for the convenient hearing for the person or persons who are in the room or chamber in which such machine or device is operated and who are voluntary listeners thereto. “Neighboring inhabitants” shall include persons living within or occupying residential districts of single or multi-family dwellings and shall include areas where multiple-unit dwellings and high-density residential districts are located.

(c)   No person shall congregate with other persons because of, participate in, or be in any part or gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons residing in any residential area. No person shall visit or remain within any residential dwelling unit or within the vicinity of a residential dwelling unit wherein such party or gathering of people is taking place except persons who have gone there for the sole purpose of abating said disturbance. A police officer may order all persons present in any group or gathering from which such sound emanates, other than the owners or tenants of the dwelling unit, to immediately disperse in lieu of being charged under this section. Owners or tenants of the dwelling unit shall immediately abate the disturbance and, failing to do so, shall be in violation of this section.

(d)   It shall be unlawful for any person, while operating, driving, or parking in a motor vehicle, to use or operate any electronic device, radio, television, tape player, compact disc player or other device for the producing or reproducing of sound in such a manner that it disturbs the peace, quiet and comfort of persons in the vicinity of the motor vehicle. Unless a person is operating with permission of the city council. It shall be a violation of this section if the sound emanating from the electronic device, radio, television, tape player, compact disc players or other device for producing or reproducing sound in or on the motor vehicle is clearly audible from a distance of fifty (50) feet.

(e)   Statement of intent. No provisions of this section shall be construed to limit or abridge the rights of any person to peacefully assemble and express opinions. It is the purpose of this Section to protect individuals from unreasonable intrusions caused by excessive, unnecessary, unreasonable or unusually loud noises.

(Ord. 305; Ord. 331; Ord. 338; Ord. 373; Ord. 401; Code 2018)

It shall be unlawful for any minor person under the age of eighteen (18) years of age to be upon any of the public streets or alleys or parks in the city between the hours of ten (10) o’clock p.m. and five (5) o’clock a.m., unless said child is accompanied by one of his or her parents or guardian. Any child found to be in violation of this section can be taken to the Bennington City Office or the Ottawa County Sheriff’s Office in Minneapolis and the child’s parents or guardian will be contacted by telephone to pick the child up. On a second violation of this section the parents or guardian will be fined twenty-five dollars ($25.00). On a third or subsequent violation of this section the parents or guardian will be fined one hundred dollars ($100.00). Nothing in this section shall prevent the city from turning this matter over to the juvenile authorities and having the child prosecuted in juvenile court as a law offender.

(Ord. 280; Ord. 305; Ord. 331; Ord. 338; Ord. 363; Ord. 373; Ord. 401; Code 2018)

(a)   It shall be unlawful for any person to place, throw or cause to be placed or thrown in or on any street, alley, private driveway or property adjacent thereto, or public park or other public grounds in the city of Bennington, any beer cans, or any other cans, bottles, cast off machines or vehicles or litter of any kind.

(b)   Any person violating any of the provisions of this article shall upon conviction thereof be punished by a fine not to exceed $100 or by imprisonment for a period not to exceed thirty days or by both such fine and imprisonment.

(Ord. 185; Code 2018)

(a)   It shall be unlawful for any person under the age of 18 years to purchase or possess or attempt to purchase or attempt to possess cigarettes or tobacco products.

(b)   Violation of subsection (a) is a cigarette or tobacco infraction for which the fine is $25.00.

(c)   Definitions:

(1)   Cigarette means any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of tobacco being flavored, adulterated or mixed with any other ingredient if the wrapper is in greater part made of any material except tobacco.

(2)   Tobacco products means cigars, cheroots, stogies, periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Tobacco products does not include cigarettes.

(Ord. 292; Code 2018)