The creating of any unreasonably loud, disturbing and unnecessary
noise within the City limits is hereby prohibited, this prohibition
being applicable to noise of such character, intensity or duration
as to be detrimental to the life or health of any individual or in
disturbance of the public peace and welfare.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but this enumeration
shall not be deemed to be exclusive, namely:
A. Blowing horns or signaling devices. The sounding or blowing of any
horn or signal device on any automobile, truck, bus, motorcycle or
other vehicle while not in motion, except as a danger signal if another
vehicle is approaching apparently out of control or, if in motion,
only as a danger signal after or as brakes are being applied and deceleration
of the vehicle is intended; the creation by means of any such signal
device of any unreasonably loud or harsh sound; and the sounding of
such device for any unnecessary and unreasonable period of time.
B. Radios, phonographs, etc. The playing of any radio, phonograph or
any other musical instrument in such a manner or with such volume,
particularly between the hours of 9:00 p.m. and 7:00 a.m., as to annoy
or disturb the quiet, comfort or repose of persons in any office or
hospital or in any dwelling, hotel or other type of residence or of
any persons in the vicinity.
[Amended 8-14-1979 by Ord. No. 1325]
C. Yelling, shouting, etc., on streets. Yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the
hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to
annoy or disturb the quiet, comfort or repose of persons in any hospital,
dwelling, hotel or other type of residence or of persons in the vicinity.
D. Pets. The keeping of any animal, bird or fowl which, by causing frequent
or long-continued noise, shall disturb the comfort or repose of any
person in the vicinity.
E. Use of vehicles. The use of any automobile, truck, bus, motorcycle
or other vehicle so out of repair, so loaded or in such manner as
to create loud and unnecessary grating, grinding, rattling or other
noise.
F. Blowing whistles. The blowing of any steam whistle attached to any
stationary boiler, except to give notice of the time to begin or stop
work, as a warning of fire or danger or upon request of proper City
authorities.
G. Exhaust discharge. To discharge into the open air the exhaust of
any steam engine, stationary internal-combustion engine, motor vehicle
or motorboat engine, except through a muffler or other device which
will effectively prevent loud or explosive noises therefrom.
H. Building operations; excavation of streets; permit from Mayor. The
erection (including excavating), demolition, alteration or repair
of any building in any residential district or section and the excavation
of streets and highways in any residential district or section, other
than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except
in case of urgent necessity in the interest of public health and safety,
and then only with a permit from the Mayor, which permit may be granted
for a period not to exceed 30 days while the emergency continues.
If the Mayor should determine that the public health and safety will
not be impaired by the erection, demolition, alteration or repair
of any building or the excavation of streets and highways within the
hours of 6:00 p.m. and 7:00 a.m., and if he or she shall further determine
that loss or inconvenience would not result to any person in interest,
he or she may grant permission for such work to be done within the
hours of 6:00 p.m. and 7:00 a.m., upon application being made at the
time the permit for the work is awarded or during the progress of
the work.
I. Noises near schools, hospitals, churches, etc. The creation of any
excessive noise on any street adjacent to any school, institution
of learning, church or court while the same is in session or adjacent
to any hospital which unreasonably interferes with the workings or
sessions thereof, provided that signs must be displayed in such streets
indicating that the same is a school, institution of learning, church,
court or hospital.
J. Loading and unloading operations. The creation of loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
K. Noises to attract attention. The use of any drum, loudspeaker or
other instrument or device for the purpose of attracting attention
by creation of noise to any performance, show or sale or display of
merchandise.
L. Loudspeakers or amplifiers on vehicles. The use of mechanical loudspeakers
or amplifiers on automobiles, trucks, buses or other moving or standing
vehicle for advertising or other purposes.
None of the terms or prohibitions of this chapter shall apply
to or be enforced against:
A. Any vehicle of the City while engaged upon necessary public business.
B. Excavations or repairs of bridges, streets or highways by or on behalf
of the City or the state at night, when the public welfare and convenience
render it impossible to perform such work during the day.
C. The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in character.
[Amended 4-14-1992 by Ord. No. 1518]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not exceeding $600,
plus costs of prosecution and, in default of payment of such fine
and costs, to imprisonment for a period not exceeding 90 days.