(a) It shall
be unlawful for any person to make or cause to be made noise of such
character, intensity and duration as to be detrimental to the life
or health of any individual in the city.
(b) It shall
be unlawful for any person to make or cause to be made any unreasonably
loud, disturbing and unnecessary noise in the city which is offensive
to the ordinary sensibilities of the city’s inhabitants, which
noise renders the enjoyment of life or property uncomfortable or interferes
with peace and comfort.
(c) It shall
be unlawful to operate, or to permit or to cause the operation of
any device that creates vibration which is above the vibration perception
threshold of an individual at or beyond the property of the source
if on private property or at 50 feet from the source if in a public
space or public right-of-way. For the purpose of this section, the
term “vibration perception threshold” means the minimum
ground-borne or structure-borne vibrational motion necessary to cause
a reasonable person to be aware of the vibration by such direct means
as, but not limited to, sensation by touch or visual observation of
moving objects.
(1966 Code, sec. 20-32; 2001 Code,
sec. 46-26; Ordinance 97-2000, sec.
1, adopted 9/19/00)
The following acts, among others, are declared to be loud, disturbing,
and unnecessary noises, in violation of this article, and are declared
to be unreasonably loud, disturbing and unnecessary noises offensive
to the ordinary sensibilities of the city’s inhabitants, rendering
the enjoyment of life or property uncomfortable, and interfering with
the peace and comfort, but such enumeration shall not be deemed to
be exclusive:
(1) The
sounding of any horn or signal device on any automobile, motorcycle,
bus, streetcar or other vehicle, while not in motion, except as a
danger signal, as may be required by state law, if another vehicle
is approaching apparently out of control or if another vehicle is
backing, starting or turning in such a way as likely to cause a collision.
(2) The
sounding of any horn or signal device on any automobile, motorcycle,
bus, streetcar or other vehicle while in motion, except as a danger
signal, as required by state law.
(3) The
playing of any radio, television set, phonograph, or musical instrument
in such a manner or with such volume as to disturb the peace, quiet,
comfort, or repose of persons in any dwelling, apartment, hotel or
other type of residence.
(4) The
keeping of any animal or fowl which emits or makes an unreasonably
loud, disturbing and unnecessary noise.
(5) The
use of any automobile, motorcycle, streetcar, bus or vehicle so out
of repair or so loaded which emits or creates loud and unnecessary
grating, grinding or rattling noise.
(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 from any stationary steam
engine, stationary internal combustion engine or motorboat engine,
except through a muffler or other device which will effectively and
efficiently prevent loud or unusual noises, annoying smoke, and the
escape of gas or steam.
(8) The
discharge into the open air of the exhaust from any motor vehicle,
except through a muffler or other device, which will effectively and
efficiently prevent loud and unusual noises and annoying smoke.
(9) The
erection, including excavation, demolition, alteration or repair of
any building in a residential district, other than between the hours
of 7:00 a.m. and 9:00 p.m. seven days a week, except for urgent necessity
in the interest of public safety.
(10) The
creation of any unreasonably loud, disturbing and unnecessary noise
on any street adjacent to any school or court, which is in session,
or adjacent to any hospital; provided, however, conspicuous signs
are located in such streets indicating that schools, hospitals and
courts are adjacent thereto.
(11) The
creation of unreasonable, loud, disturbing and unnecessary noises
in connection with the loading or unloading of any vehicle or the
opening and destruction of bales, boxes, crates and containers or
the sounding of any bell or gong attached to any building located
on any premises which disturbs the quiet or repose of persons occupying
adjoining property or those occupying property across any street or
alley and within a 200-foot radius.
(12) The
shouting and crying of peddlers, hawkers and vendors which disturbs
the quiet and peace of the neighborhood.
(13) The
use of any drum, loudspeaker, or other instrument or device for the
purpose of attracting attention by the creation of noise to any performance,
show, sale or display of merchandise as to attract customers to any
place of business.
(14) The
use of mechanical loudspeakers or amplifiers on trucks or other moving
vehicles for the purpose of advertising any show, sale or display
of merchandise.
(15) Causing,
suffering or allowing any air moving, conditioning or cooling equipment
of any nature or kind to be so operated or maintained as to cause
any unusual or excessive noise which disturbs the comfort, quiet or
repose of persons in the vicinity thereof. In this connection, all
available and reasonable sound-deadening and muffling devices and
practices shall be employed. Such equipment shall be kept in proper
operating condition.
(16) For
any vehicle to be equipped with or for any person to use upon a vehicle
any bell, siren, compression or exhaust whistle, except that vehicles
operated in the performance of duty by law enforcement officers, fire
departments and ambulances may attach and use a bell, siren, compression
or exhaust whistle.
(17) To
recklessly operate a motor vehicle on a public road, alley, or highway
in a manner that causes the vehicle to undergo sustained loss of traction
(e.g., spinning and squealing tires).
(1966 Code, sec. 20-33; 2001 Code,
sec. 46-27; Ordinance 57-2004, sec.
1, adopted 7/6/04; Ordinance
47-2007, sec. 1, adopted 5/1/07)
The following activities are exempt from this article:
(1) The
emission of sound for the purpose of alerting persons to an emergency;
(2) Sound
produced by emergency vehicles;
(3) Sound produced by a vehicle motor, other than as outlined in section
46-20(17) while the vehicle is moving on a public right-of-way, public waterway, airport runway, or railroad;
(4) Sound
produced by any governmental body in the performance of a governmental
function;
(5) Sound
generated at a scheduled stadium event; by parade spectators and participants
in the parade route during a permitted parade; by outdoor celebration
participants sponsored or cosponsored by the city for the general
welfare of the public;
(6) Amplifiers
used on vehicles to attract patrons that are operated by ice cream
and snow cone vendors that produce jingles or music from 8:00 a.m.
to 8:00 p.m.;
(7) The
use and operation of an amplified, mechanical bell system in connection
with the use and occupancy of a church structure. However, such systems
shall not be used or operated in a manner so as to be offensive to
the ordinary sensibilities of a reasonable and prudent person; and
(8) The
sound produced by the erection, excavation, construction, demolition,
alteration, or repair work, or the permitting or causing thereof,
of any building or other structure, or the operation or the permitting
or causing the operation of any tools or equipment used in any such
activity conducted between the hours of 7:00 a.m. and 9:00 p.m.
(2001 Code, sec. 46-28; Ordinance 57-2004, sec. 2, adopted 7/6/04; Ordinance 47-2007, sec. 1, adopted 5/1/07)