[R.O. 2012 §240.080; Ord. No. 3237 §3, 2-15-2011]
The creating of any unreasonably loud, disturbing and unnecessary
noise within the City is hereby prohibited. 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 is
prohibited.
[R.O. 2012 §240.090; Ord. No. 3237 §3, 2-15-2011]
A. The following acts, among others, are declared to be loud, disturbing
and unnecessary noises and constitute violations of the preceding
Section, but this enumeration shall not be deemed to be exclusive:
1.
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle for a prolonged, unnecessary and
unreasonable period of time.
2.
The playing of any radio, phonograph, jukebox, musical instrument
or any sound-reproduction device in such a manner or with such volume
as to annoy or disturb the quiet, comfort or repose of persons in
any office, hospital or in any dwelling, hotel or other type of residence
of any persons in the vicinity.
3.
Yelling, shouting, hooting, whistling or singing on the public
streets at any time or place so as to annoy or disturb the quiet,
comfort or repose of persons in the vicinity, both in residential
and commercial districts.
4.
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.
5.
The use of any automobile, 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.
6.
The unreasonable and unnecessary and prolonged blowing of any
steam whistle.
7.
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.
8.
The erection (including excavation), demolition, alteration
or repair of any building in any residential district and the excavation
of streets and highways in any residential district other than between
the hours of 7:00 A.M. and 10:00 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 thirty (30) days while the
emergency continues. If the Building Inspector should determine 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
progress of the work.
9.
The creation of any excessive noise within one thousand (1,000)
feet of any school, institution of learning, church or court while
the same are in session, which unreasonably interferes with the workings
or sessions thereof, or the creation of any excessive noise within
one thousand (1,000) feet of any hospital, sanitarium, nursing or
convalescent facility.
10.
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.
11.
The use of any musical instrument, loud speaker or other noisemaking
device for the purpose of attracting attention to any performance,
show or sale or display of merchandise or for any other purpose between
the hours of 9:00 P.M. and 8:00 A.M.
12.
The use of loud speakers or amplifiers on either moving or standing
vehicles for advertising, singing or public speaking or other purposes.
[R.O. 2012 §240.100; Ord. No. 3237 §3, 2-15-2011]
A. There shall be excepted from the terms of Sections
215.030 and
215.040 and the prohibitions therein contained shall not apply to or be enforced against:
1.
Any ambulance, any officer of the law while engaged in necessary
public business, or any vehicle of the City while engaged in necessary
public business.
2.
Sounds created by fire alarms and other safety and protective
devices where noise suppression would defeat the safety intent of
the device.
3.
Sounds created by emergency equipment and emergency work necessary
in the interests of law enforcement or of the health, safety or welfare
of the community.
4.
Excavations or repairs of bridges, streets or highways by or
on behalf of the City, the County or the State during the nighttime
when the public welfare and inconvenience render it impracticable
to perform such work during the day.
5.
The reasonable use of amplifiers in the course of public addresses
which are noncommercial in character.
[R.O. 2012 §240.110; Ord. No. 3237 §3, 2-15-2011]
No person shall play or cause to be played any musical instrument
or device producing musical sound between the hours of 1:30 A.M. and
6:00 A.M.; provided that this Section shall not apply to musical instruments
being played in churches or as part of regular church entertainment,
social entertainment in private homes, entertainments in public buildings
where an admission fee is charged therefor, or in any enclosed structure
located at a greater distance than two hundred (200) feet from any
dwelling, hotel, hospital, nursing home or sanitarium.