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.
(1999 Code, sec. 7.501)
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this article, but said enumeration
shall not be deemed to be exclusive, namely:
(1)
Horns and signaling devices on vehicles.
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, any unreasonably loud or harsh sound, and the
sounding of any such device for an unnecessary and unreasonable period
of time are prohibited. 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 is also prohibited.
(2)
Radios, phonographs and similar devices.
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 is prohibited. The operation of any such set, instrument,
phonograph, machine, or device between the hours of 11:00 p.m. and
7:00 a.m. in such a manner as to be plainly audible at a distance
of fifty feet (50’) from the building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this section.
(3)
Loudspeakers or amplifiers used for advertising.
The
using, operating or permitting to be played, used, or operated 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 is prohibited.
(4)
Yelling, shouting, etc., on streets.
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, is prohibited.
(5)
Exhausts.
The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine, motorboat,
or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom is expressly
prohibited.
(6)
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 is prohibited.
(7)
Hawkers and peddlers.
The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
is prohibited.
(8)
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 is prohibited.
(9)
Blowers and fans.
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,
is prohibited.
(1999 Code, sec. 7.502)
(a)
It
is unlawful and declared a nuisance for any owner or person in control
of an animal to allow the animal to bark, growl, howl, whine or make
any other sound loud and long enough to unreasonably disturb the peace
of other people on the same, adjoining or nearby property.
(b)
Prior
to filing a complaint with the city, the person having been disturbed
by an animal must give written notice to the owner of the animal that
the animal's conduct has disturbed his peace on more than one occasion.
A copy of the written notice must be presented to the city at the
time of filing the complaint.
(Ordinance 2740, sec. 2, adopted 3/14/16)
