Any unreasonably loud, disturbing noise which causes material
distress, discomfort or injury to persons of ordinary sensibilities
in the immediate vicinity thereof is hereby declared to be a nuisance
and is hereby prohibited. Any noise of such character, intensity and
continued duration which substantially interferes with the comfortable
enjoyment of private homes by persons of ordinary sensibilities is
hereby declared to be a nuisance and is hereby prohibited.
(1999 Code, sec. 38-61)
The following acts, among others, are declared to be noise nuisances
in violation of this division, but such enumeration shall not be deemed
to be exclusive:
(1) Radios.
The playing of any radio, television, phonograph
or other musical instrument in such manner or with such volume, particularly
during the hours between 10:00 p.m. and 7:00 a.m., as to disturb the
quiet, comfort or repose of persons of ordinary sensibilities in any
dwelling, hotel or other type of residence.
(2) Loudspeakers.
The use of any stationary loudspeaker
or amplifier or other musical instrument in such manner or with such
volume, particularly between 10:00 p.m. and 7:00 a.m., that disturbs
persons of ordinary sensibilities in the immediate vicinity thereof,
or the operation of such loudspeaker or amplifier or other musical
instrument at any time on Sunday; provided, however, that, upon application
by the user of such devices, the city council may make special exemption
or exception to this subsection for such times as the city council
feels it will serve the public welfare.
(3) Steam whistles.
The blowing of any steam whistle attached
to any stationary boiler, except to give notice of the time to begin
or stop work or as a warning of danger, or the blowing of any other
loud or far-reaching steam whistle within the city limits.
(4) Devices operated by compressed air.
The use of any mechanical
device operated by compressed air, unless the noise to be created
is effectively muffled and reduced.
(5) Noise near schools and hospitals.
The creation of any
excessive noise on any street adjacent to any school or institution
of learning while the same is in session, or adjacent to any hospital,
which unreasonably interferes with the workings of such institutions,
provided that conspicuous signs or other evidence is displayed in
such manner as to indicate that such is a school or hospital street,
or that such institutions are schools or hospitals.
(6) Loading or unloading.
The creation of any loud and excessive
noise in connection with the loading or unloading of any vehicle or
the opening and destruction of bales, boxes, crates and containers.
(7) Shouting by peddlers.
The raucous shouting and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
(8) Preaching or loud speaking on streets.
The loud speaking,
preaching, orating or exhorting by any person upon any public street
or sidewalk within the city limits.
(9) Use of drums or other instruments to attract attention.
The use of any drum, loudspeaker or other instrument or device for
the purpose of attracting attention by creation of noises, such as
speaking, music or hallooing, to any performance, show, theater, moving
picture house, sale of merchandise or display, without a permit from
the council, which causes crowds of people to block or congregate
upon the sidewalks and/or streets near or adjacent thereto.
(1999 Code, sec. 38-62)