[R.O. 2012 §240.010; Ord. No. 4863 §2, 11-2-1948; CC 1973 §23-1]
It shall be unlawful for any person to 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.
[R.O. 2012 §240.020; Ord. No. 4863 §3, 11-22-1948; CC 1973 §23-2]
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 exclusive, namely:
1.
Horns, signalling devices, etc. The sounding of
any horn or signalling device on any automobile, motorcycle, bus or
other vehicle on any street or public place of the City, except as
a danger warning; the creation by means of any such signalling device
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 signalling 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 signalling device when traffic is for any
reason held up.
2.
Radios, phonographs, etc. The using, operating or
permitting to be played, used or operated any radio receiving set,
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 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, radios,
public address systems and all kinds and types of sound amplification
systems between the hours of 10:00 P.M. and 7:00 A.M. in such a manner
as to be audible to any person outside of the building structure or
vehicle in which it is located shall be prima facie evidence of a
violation of this Section.
3.
Loudspeakers, 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.
4.
Yelling, shouting, etc. Yelling, shouting, hooting,
whistling or singing on the public streets, particularly between the
hours of 10:00 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 person
in the vicinity.
5.
Animals, birds, etc. The keeping of any animal or
bird which by causing frequent or long continued noise shall disturb
the comfort or repose of any person in the vicinity.
6.
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.
7.
Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motor boat, or motor vehicle except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
8.
Defect in vehicle or load. 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.
9.
Loading, unloading, opening boxes. The creation
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.
10.
Construction or repairing of buildings. The erection
(including excavating), demolition, alteration or repair of any building
other than between the hours of 7:00 A.M. and 6:00 P.M. on week days;
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
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 6:00 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
such hours, upon application being made at the time the permit for
the work is awarded or during the progress of the work.
11.
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 is 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 streets
indicating that the same is a school, hospital or court street.
12.
Hawkers, peddlers. The shouting and crying of peddlers,
hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
13.
Drums. The use of any drum or any other instrument
or device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
14.
Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or
other material, over and along streets and other public places upon
carts, drays, cars, trucks, or in any other manner so loaded as to
cause loud noises or as to disturb the peace and quiet of such streets
or other public places.
15.
Buses and trucks, operation thereof. The causing,
permitting or continuing any excessive, unnecessary and avoidable
noise in the operation of buses and trucks.
16.
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 attained by loud or unusual noises.
17.
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.
[R.O. 2012 §240.030; Ord. No. 03-7-1 §240.030, 7-7-2003]
A.
It
shall be unlawful to operate or use compression engine braking or
other engine braking devices in the City of Excelsior Springs, except
in emergencies. For the purpose of this Section, a compression engine
brake is a hydraulic-electric engine attachment that converts a diesel
engine into an air compressor by changing engine exhaust valve operation.
B.
Notice
of this Section shall be posted at the place where the boundary of
the City joins or crosses any highway by an appropriate sign notifying
motorists of the passage of this Section.
C.
If
any Section, sentence, clause, phrase or portion of this Section is
for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed as a separate, distinct
and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
