(a)
Any
unreasonably loud, disturbing or unnecessary 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 prohibited.
(b)
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 prohibited.
(Code 1974, § 11-10)
The following acts, among others, are declared to be nuisances
in violation of this Code, but such enumerations shall not be deemed
to be exclusive:
(1)
The
playing of any radio, phonograph or other musical instrument in such
manner or with such volume, during the hours between 8:00 p.m. and
7:00 a.m., as to annoy or disturb the quiet, comfort or repose of
persons of ordinary sensibilities in any dwelling, hotel or other
type of residence.
(2)
The
use of any loudspeaker or amplifier of such intensity that annoys
and disturbs persons of ordinary sensibilities in the immediate vicinity
thereof, except by permit issued by the city council for nonpolitical
purposes.
(3)
The
keeping of any animal or bird which by causing frequent or long, continued
noise shall disturb the comfort and repose of any person of ordinary
sensibilities in the immediate vicinity.
(4)
The
continued or frequent sounding of any horn or signal device on any
automobile, motorcycle, bus or other vehicle except as a danger or
warning signal; the creation by means of any such signal device of
any unreasonably loud or harsh noise for any unnecessary and unreasonable
period of time.
(5)
The
running of any automobile, motorcycle or vehicle so out of repair,
so loaded or in such manner as to create loud or unnecessary grating,
grinding, jarring or rattling noise or vibrations.
(6)
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.
(7)
The
discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle or boat engine, except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
(8)
The
use of any mechanical device operated by compressed air, unless the
noise to be created is effectively muffled and reduced.
(9)
The
erection, including excavation, demolition, alteration or repair work,
on 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 safety and convenience, and then only by permit from the
city council, which permit may be renewed by the council during the
time the emergency exists.
(10)
The
creation of any excessive noise on any street adjacent to any school
or institution of learning, while such school or institution of learning
is in session, or adjacent to any hospital, which unreasonably interferes
with the workings of such institutions, provided conspicuous signs
are displayed in a manner indicating that the street is a school or
hospital street.
(11)
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.
(12)
The
raucous shouting and crying of peddlers, hawkers and vendors which
disturbs the peace and quiet of the neighborhood.
(13)
The
use of any bell, drum, loudspeaker, whistle or other instrument or
device for the purpose of attracting attention by the creation of
noise to any performance, show or sale of merchandise.
(14)
The
parking or storage between the hours of 10:00 p.m. and 7:00 a.m. of
any motor vehicle, with any motor affixed thereto, left in operation,
for a period in excess of one hour, within a distance of 200 feet
from any family dwelling.
(Code 1974, § 11-11)
