[HISTORY: Adopted by the City Council of the City of Butler 2-19-1987 as Part 7, Art. 717, of the 1987 Codified Ordinances. Amendments noted where applicable.]
Council hereby finds and declares that:
The making and creation of loud, unnecessary or unusual noises within the limits of the city is a condition which has existed for some time and the extent and volume of such noise is increasing.
The making, creating or maintenance of such loud, unnecessary and unnatural or unusual noises which are prolonged, unusual or unnatural in their time, place and use, affect and are detrimental to public health.
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.
No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city.
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:
Horns and signaling devices, etc. The sounding of any horn or signaling device on any motor vehicle, motorcycle, locomotive or other means of conveyance within the limits of the city, except as a danger warning, the creation by means of such signaling device of any unreasonably loud or harsh sound and the sounding of any such device for an unnecessary and unreasonable period of time and the use of any signaling device except one operated by hand or by electricity, the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up.
Racing motors. The unnecessary or unnatural acceleration, deceleration or racing of motors in motor vehicles or motorcycles, whether in motion or at rest, within the limits of the city.
Exhausts. The discharge upon the open air of the exhaust of any steam or diesel locomotive, stationary internal combustion engine, motor boat or motor vehicle or motorcycle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
Defect in vehicle or load. The use of any motor vehicle, motorcycle or other piece of machinery or equipment so out of repair or so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
Radios and phonographs, etc. The using, operating or permitting to be played, used or operated of any radio receiving sets, musical instruments, sound amplifiers, phonographs or other machines or devices for the producing or reproducing of sound in such manner as to disturb the peace, quiet, comfort and repose of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph machine or device between the hours of 11:00 p. m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
Loud speakers and amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
Yelling, shouting, etc. 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 school, church or office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.
Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise disturbs the comfort or repose of any persons in the vicinity.
Loading, unloading and opening boxes. The creating of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any streets, highways, lands and buildings other than between the hours of 8:00 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 Building Inspector, which permit may be granted for a period not to exceed three (3) days while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the Building Inspector 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 8:00 a.m., and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 6:00 p.m. and 8:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.
Hawkers and peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
Railway. The causing, permitting or continuing any excessive, unnecessary and avoidable noise in the operation of any railway locomotive or railway car or train of cars.
Motorcycles. Operating or using more than four (4) motorcycles in one (1) group on any city street within the confines of one (1) block or loitering in groups of more than four (4) motorcyclists on any street within the city; provided, however, that the prohibition of operating motorcycles in groups of more than four (4) shall not apply to motorcycle clubs from outside the city when such clubs are proceeding through the city enroute to a destination outside of the city.
Whoever violates any of the provisions of this chapter shall, upon conviction thereof, be fined not more than three hundred dollars ($300.) and costs of prosecution and, in default of payment of such fine and costs, imprisoned not more than ninety (90) days. If any person or persons permits a violation of this article to continue after notice to desist, each additional violation shall be considered as a separate offense.