[CC 1977 §22-2; Ord. No.
1052 §1, 9-18-1974]
It shall be unlawful for any person to make, continue or cause
to be made or continued any excessive, unnecessary 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
limits of the City.
[CC 1977 §22-3; Ord. No.
1052 §2(A) — (N), 9-18-1974; Ord. No. 2551 §1, 11-9-1998; Ord. No.
3039 §§1 — 2, 6-16-2008]
A. The
following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Chapter, but said enumeration
shall not be deemed to be exclusive, namely:
1. Horns, signaling devices, etc. The sounding of any
horn or signaling device in any automobile, motorcycle, streetcar
or other vehicle on any street or public place of the City, except
as a danger warning; the creation by means of any such signaling devices
of any unreasonably loud or harsh sound; and the sounding of any such
device for an unnecessary and unreasonable period of time. The use
of any signaling device except one operated by hand or electricity;
the use of any horn, whistle or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for any reason
held up.
2.
Radios, stereos, etc. Playing, using, operating
or permitting to be played, used or operated any radio, tape recorder,
cassette player, MP3 player, musical instrument or other device for
receiving broadcast sound, producing musical sound or reproducing
recorded sound if the device is located in any motor vehicle, residence,
or other structure in such manner as to disturb the peace, quiet and
comfort of the neighboring inhabitants or with louder volume that
is necessary for convenient hearing for the person or persons who
are in the motor vehicle, residence, or other structure in which such
machine, device, or instrument is operated and who are voluntary listeners
thereto. The operation of any such radio, tape payer, cassette player,
MP3 player, musical instrument or other device in such manner as to
be plainly audible at distance of fifty (50) feet from the property
line on which the noise is located, or in event noise-measuring devices
or equipment is available, or becomes available, to measure the noise
as against the ambient background noise, and the noise is twenty-five
(25) decibels louder than the ambient background noise, shall be prima
facie evidence of a violation of this Section. This Section will not
apply to any person participating in a parade or public assembly for
which a permit has been obtained from the City.
[Ord. 3302 §1, 2-2-2015]
3. 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 office
or in any dwelling, hotel or other type of residence or of any persons
in the vicinity.
4. Animals, birds, etc. The keeping of any animal which
by causing frequent or long-continued noise shall disturb the comfort
or repose of any persons in the vicinity.
5. Steam whistles. The blowing of any locomotive steam
whistle or steam whistle attached to any stationary boiler except
to give notice of the time to begin or stop work or as a warning of
fire or danger or upon request of proper City authorities.
6. Exhausts. The discharge into the open air of the
exhaust of any steam engine, internal combustion engine, motorboat
or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom. The use of
Jacobs Braking Systems (Jake Brakes) for emergency situations is not
prohibited.
7. Noisy vehicles. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
8. Loading, unloading, opening boxes. 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.
9. Construction or repairing of buildings. The erection
(including excavation), demolition, alteration or repair of any building
other than between the hours of 7:00 A.M. and 10:00 P.M. on weekdays,
except in case of extreme daytime temperatures of ninety-five degrees
Fahrenheit (95° F.)or higher as predicted by the National Weather
Service in Pleasant Hill the start time is allowed at 6:00 A.M. or
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 or less 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 10:00 P.M. and 7:00 A.M. and if he/she shall further determine
that loss or inconvenience would result to any party in interest,
he/she may grant permission for such work to be done within the hours
of 10:00 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.
[Ord. No. 3430, 2-5-2018]
10. Schools, courts, churches, hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same are in use or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital, provided conspicuous signs are displayed in such street
indicating that the same is a school, hospital or court street.
11. Hawkers, peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
12. Drums. The use of any drum or other instrument or
device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
13. Pile drivers, hammers, etc. The operation between
the hours of 10:00 P.M. and 7:00 A.M. of any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other appliance,
the use of which is attended by loud or unusual noise except for emergency
situations approved by the City Engineer.
14. Blowers. The operation of any noise-creating blower
or power fan or any internal-combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
15. Public works projects and related construction sites. The construction or excavation of any site other than between the
hours of 7:00 A.M. and 10:00 P.M. on weekdays and between the hours
of 8:00 A.M. and 6:00 P.M. on Saturdays, except in case of urgent
necessity in the interest of public health and safety and then only
with a permit from the Public Works Director, which permit may be
granted for a period not to exceed three (3) days or less while the
emergency continues and which permit may be renewed for periods of
three (3) days or less while the emergency continues. If the Public
Works Director should determine that the public health and safety
will not be impaired by the construction or excavation within the
hours of 10:00 P.M. and 7:00 A.M. and if he/she shall further determine
that loss or inconvenience would result to any party in interest,
he/she may grant permission for such work to be done within the hours
of 10:00 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.