It is found and declared that:
1. 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.
2. The making, creation or maintenance of such loud, unnecessary, unnatural
or unusual noises which are prolonged, unusual and unnatural in their
time, place and use, effect and are a detriment to public health,
comfort, convenience, safety, welfare and prosperity of the residents
of the City.
3. 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.
(Ref. 16-227, 16-228 RS Neb.)
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. (Ref. 16-227, 16-228, RS Neb.)
[Amended by Ord. No. 1070, 6-3-2003]
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Code, but such enumeration
shall not be deemed to be exclusive, namely:
1. Horns, Signaling Devices, etc. The sounding of any horn or signaling
device on 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 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 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 signaling
device when traffic is for any reason held up.
2. Radios, Phonographs, Stereos, Bass Amplifiers and Musical Instruments.
Using, operating or permitting to be played, used or operated, any
radio, tape recorder, cassette player, compact disc (CD) player, musical
instrument, phonograph, loud speaker, sound amplifier or other machine,
apparatus or device for the producing, reproducing or amplifying of
the human voice or of any sound:
a. Upon residential property or within a residential neighborhood, whether
containing one or more units of multiple-family residential dwellings
or a single-family residential dwelling, and upon property containing
a hotel, motel or inn, unless the volume of such sound shall be so
controlled that:
(1)
It will not be plainly audible at a distance of 50 feet from
any building, structure, chamber or vehicle in which such machine,
apparatus or device is located, and
(2)
In the case of a multiple-family residential dwelling, a hotel,
motel or inn, it will not be plainly audible in any adjoining unit.
Provided, however, that actual notice from an occupant of the adjoining
unit to the occupant of the property containing the source of amplified
sound shall be a necessary element of a violation under this subsection.
b. Upon any private property that is nonresidential and that is not
located within a residential neighborhood, upon any public property,
including any public street, highway, building, sidewalk, park or
thoroughfare or in or upon any motor vehicle on such private or public
property, unless in each such instance the volume of such sound shall
be so controlled that it will not be plainly audible for a distance
in excess of 100 feet from the source.
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 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.
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 persons in the vicinity.
6. 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.
7. 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.
8. 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 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 days or less while
the emergency continues and which permit may be renewed for periods
of three 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 shall further determine
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 7:00 a.m., upon application being made at the time
the permit for the work is awarded or during the progress of work.
9. 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.
10. 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.
11. 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.
12. Exemptions. The following activities are exempt from the application
of this section:
a. Devices used solely for the purpose of warning, protecting or alerting
the public, or some segment thereof, of the existence of an emergency
situation.
b. Construction operation for which building permits have been issued,
or construction operations not requiring permits due to ownership
of the project by an agency of the government, providing all equipment
is operated in accordance with manufacturers' specifications and with
all standard equipment, manufacturers' mufflers and noise-reducing
equipment in use and in proper operating condition. However, such
exception shall apply only to construction operations between the
hours of 7:00 a.m. and dusk Monday through Sunday, 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 days while the emergency
continues and which permit may be renewed for periods of three days
while the emergency continues. If the Building Inspector shall 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/or Sunday, and if he or she shall further determine that hardship
would result to any party in interest if permission is not granted,
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. and/or on Sunday upon application
being made at the time the permit for the work is awarded or during
the progress of work.
c. Noises of safety signals, warning devices, emergency pressure relief
valves and bells and chimes of churches.
d. Noises resulting from any authorized emergency vehicle when responding
to an emergency call or acting or operating within the scope of the
authority of said agency or as is necessary for the safety of the
public in time of emergency.
e. Operations by city departments.
f. Sound emanating from duly licensed and/or authorized athletic contests,
parades and City-sponsored public activities and celebrations, and
private events held in connection with such public activities and
celebrations.
g. Noises emanating from industrial facilities operating in industrial
zoned areas of the City, provided that such noises are incidental
to the normal operations of such facility and further provided that
such facility is operating in accordance with all City, State and
Federal Codes, Statutes, regulations, special use permits and other
enforceable orders.
h. Noises of lawn care equipment in normal usage in residential areas
between the hours of 7:00 a.m. and 10:00 p.m. if used and maintained
in accordance with the manufacturers' specifications.
i. Except as set forth in subsection C1, motor vehicles on public roads, but this section is not intended and shall not be construed to interfere with the enforcement of Section
5-308 or any other City, State or Federal statute, regulation, ordinance, Code or like regulations of motor vehicles.
j. Noises of aircraft, railroad trains, transit buses, school buses
and other publicly-owned and/or operated transportation vehicles.
k. Operations by, or sanctioned by, the proper authorities (City, State
or Federal) for the protection of persons or property where imminent
physical trauma or property damage demands immediate action.