Any person violating or failing to comply with the provisions of this article commits a misdemeanor punishable by a fine in accordance with the general penalty provision found in section
1.01.009 of this code. Each day an offense occurs shall be a separate offense.
(2001 Code, sec. 8.304)
Any unreasonable, loud, disturbing, unnecessary noise which
causes material disturbance, discomfort or injury to persons of ordinary
sensibilities in the immediate vicinity thereof is declared to be
a nuisance and is prohibited.
(2001 Code, sec. 8.301)
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 declared to be a nuisance
and is prohibited.
(2001 Code, sec. 8.302)
The following actions, among others, are declared to be nuisances
in violation of this article, but such enumeration shall not be deemed
exclusive:
(1) Radios, phonographs or musical instruments.
The playing
of any radio or phonograph or other musical instruments in such manner
or with such volume, particularly between the hours of 7:00 p.m. and
7:00 a.m., as to annoy or disturb the quiet comfort and repose of
persons of ordinary sensibilities in any dwelling, hotel, church or
other type of residence.
(2) Loudspeakers and amplifiers.
The use of any stationary
loudspeakers or amplifiers of such intensity that annoys and disturbs
persons of ordinary sensibilities in the immediate vicinity thereof,
or the use of any stationary loudspeaker or amplifier operated on
any weekday between the hours of 7:00 p.m. and 7:00 a.m., or at any
time on Sunday.
(3) Horns or signal devices on vehicles.
The continued or
frequent sounding of any horn or signal device on an automobile, motorcycle,
bus or vehicle, except as a danger or warning signal, or the creation
by means of any such signal device of any unreasonable, loud or harsh
noise for any unnecessary and unreasonable period of time.
(4) Exhaust without muffler.
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.
(5) Use of drums or other devices to attract attention.
The use of any drum, loudspeaker or other instruments or devices
for attracting attention by the creation of noise to any performance,
show or sale of merchandise.
(6) Barking of dogs or bellowing of cattle.
The continued
barking of dogs or bellowing of cattle in the near proximity of a
private home.
(7) Construction activity.
The erection, excavation, demolition,
alteration, or repair work on any building at any time other than
between the hours of 6:00 a.m. and 8:30 p.m. Monday through Friday
from June 1 to September 30, between 7:00 a.m. and 8:30 p.m. Monday
through Friday from October 1 to May 31, between 8:00 a.m. and 8:30
p.m. on Saturday, and between 8:00 a.m. and 8:30 p.m. on Sunday, which
causes material disturbance, discomfort or injury to persons of ordinary
sensibilities in the immediate vicinity thereof is prohibited; provided,
however, that the city council may issue special permits for such
work at other hours in case of urgent necessity and in the interest
of public safety and convenience.
(2001 Code, sec. 8.303)