[Ord. No. 01-06, 2-8-2001]
The following acts, among others, are specifically declared to be unreasonably loud or unusually loud noises in violation of this Chapter; provided, however, that the following enumerations shall not be deemed to be exclusive, to wit:
A. 
Engine Braking Device. It shall be unlawful to operate or use an engine braking device in the City of Bismarck, except in emergencies. For the purpose of this Section, an "engine braking device" is defined as a hydraulic electric engine attachment that converts a diesel engine into an air compressor by changing engine exhaust valve operation. Notice of this portion of the Chapter 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 prohibition.
B. 
Radios, Stereos And Band Boxes. It shall be unlawful to operate or play any radio, phonograph, musical instrument, stereo, band box, boom box, or other device for the playing of music in such a manner or with such volume, particularly during (but not limited to) the hours between 10:00 P.M. and 7:00 A.M. so as to annoy or destroy the quiet, comfort, or repose of any persons in any dwelling, hotel or any other type of residence; provided, that any such noise, which can be distinctly heard at a distance of more than one hundred (100) feet from its source, shall be deemed unreasonably loud or unusually loud.
C. 
Animals And Fowl.[1] The keeping of any animal, bird or fowl which, by causing frequent or long continued noise, shall tend to disturb the comfort and repose of any person in the vicinity, particularly during (but not limited to) the hours of 10:00 P.M. and 7:00 A.M., provided, that any such noise that can be distinctly heard at a distance of more than one hundred (100) feet from its source, shall be deemed unreasonably loud or unusually loud.
[1]
Cross Reference: See also Section 205.080, Annoying, Barking Dogs, Complaints.
D. 
Vehicular Noise, Generally. The use of any automobile, motorcycle, streetcar or other motor vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
E. 
Drums, Loud Speakers, And Calling. The use of any drum, loud speaker or other instrument or device, unless a permit be obtained therefor from the Police Chief or his designee, which permit shall specify the place where such devices should be used and the hours thereof; or the unnecessary calling with the voice for the purpose of attracting attention by the creation of noise or for advertising purposes between the hours of 10:00 P.M. and 7:00 A.M.
[Ord. No. 01-06, 2-8-2001]
Nothing in this Chapter shall be construed to prohibit the following acts, to wit:
A. 
Parades. The playing or sounding of musical instruments or other devices by any person participating in a parade for which a permit, whether written or verbal, has been written by appropriate City officials pursuant to City ordinances.
B. 
Emergency Vehicles. The sounding of a horn, siren or loud speaker while operating a Public Safety Department vehicle, ambulance, or other emergency vehicle in connection with the performance of official governmental functions to keep and preserve the peace and to protect public health, safety and welfare.
C. 
Alarms. The sounding of fire, burglar or other alarms or warning devices which are designated to alert or warn persons of a fire, tornadoes or other dangers or hazards, including burglary and theft.
[Ord. No. 01-06, 2-8-2001]
Any person who violates any provision of this Chapter shall, upon conviction, be deemed guilty of an ordinance violation and punished as set out in Chapter 100, Article III, of this Code.