(a) 
Any unreasonably loud, disturbing, 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 hereby 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 hereby prohibited.
(c) 
Any sound or noise produced, reproduced or amplified by any source or nonamplified human voice that can be clearly heard by a person using his/her normal hearing faculties, at a distance of 200 feet or more from the real property line of the source of the sound or noise.
(d) 
Any noise that exceeds the maximum sound levels in Table 1 below:
Table 1. Maximum Sound Levels
(in dB(A))
Residential
Commercial
Daytime
Nighttime
Daytime
Nighttime
61
55
66
60
(Ordinance 458, sec. I, adopted 3/6/07)
(a) 
Measurement with a Sound Level Meter.
(1) 
The measurement of sound shall be made with a sound level meter meeting the standards prescribed by ANSI S1.4-1971 (R1976). The instruments shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any sound level measurement. Measurements recorded shall be taken so as to provide a proper representation of the source of the sound. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used at all times. However, a violation of this article may occur without the occasion of the measurements being made as otherwise provided.
(2) 
The slow meter response of the sound level meter shall be used in order to best determine the average amplitude.
(3) 
The measurement shall be made at any point on the property into which the sound is being transmitted and shall be made at least three feet away from any ground, wall, floor, ceiling, roof and other plane surface.
(4) 
In case of multiple occupancy of the property, the measurement may be made at any point inside the premises to which any complainant has right of legal private occupancy; provided that the measurement shall not be made within three feet of any ground, wall, floor, ceiling, roof or other plane surface.
(5) 
All measurements of sound provided for in this article will be made by qualified officials of the city who are designated by the city manager or designee to operate the apparatus used to make the measurements.
(b) 
Assessment Without a Sound Level Meter. Any police officer or other official designated by the city manager or designee who hears a noise or sound that is plainly audible, as defined in Section 8.501(a), (b), (c) and (d), in violation of this article, shall assess the noise or sound according to the following standards:
(1) 
The primary means of detection shall be by means of the officer’s normal hearing faculties, so long as the official’s hearing is not enhanced by any mechanical device, such as a hearing aid.
(2) 
The official must have a direct line of sight and hearing to the real property of the source of the sound or noise so that the official can readily identify the offending source of the sound or noise and the distance involved. If the official is unable to have a direct line of sight and hearing to the real property of the source of the sound or noise, then the official shall confirm the source of the sound or noise by approaching the suspected real property source of the sound or noise until the official is able to obtain a direct line of sight and hearing, and identify the identical or same sound or noise that was heard at the place of original assessment of the sound or noise.
(3) 
The official need not determine the particular words or phrases being said or produced or the name of any song or artist producing the noise or sound. The detection of a rhythmic bass reverberating type of noise or sound is sufficient to constitute a plainly audible noise or sound.
(Ordinance 458, sec. II, adopted 3/6/07)
The following acts, among others, are declared to be noise nuisances in violation of this article, but said enumerations shall not be deemed to be exclusive, to wit:
(1) 
Radios.
The playing of any radio, television, stereo, or other musical instrument in such manner or with such volume particularly during the hours between ten o’clock p.m. and eight o’clock 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) 
Loudspeakers.
(A) 
The use of any stationary or mobile loudspeaker or amplifier or other musical instrument in such manner or with such volume, particularly between ten o’clock p.m. and eight o’clock a.m., that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity thereof;
(B) 
Provided, however, that upon application by the user of such device, the city may make special exemption or exception to this clause for such time or times as the said city feels will serve the public welfare.
(3) 
Animals.
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) 
Compressed Air.
The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced.
(5) 
Building.
(A) 
The erection, including excavation, demolition, alteration, or repair work on any building and owner-occupied residence at any time other than between the hours of eight o’clock a.m. and eight o’clock p.m., on weekdays; other than between the hours of eight o’clock a.m. and eight o’clock p.m., on Saturdays; and other than between the hours of eight o’clock a.m. and six o’clock p.m., on Sundays; except in the 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 city council during the time the emergency exists.
(B) 
The operation of any equipment, machinery or apparatus for excavation, construction, grading, earth moving, paving, concrete laying or pouring, drilling or work of any nature, or the operation of any chain saw, other than between the hours of eight o’clock a.m. and eight o’clock p.m., on weekdays; other than between the hours of eight o’clock a.m. and eight o’clock p.m., on Saturdays; and other than between the hours of eight o’clock a.m. and six o’clock p.m., on Sundays; 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 city council during the time the emergency exists.
(C) 
The operation, other than between the hours of eight o’clock a.m. and six o’clock p.m., on weekdays; and other than between the hours of eight o’clock a.m. and five o’clock p.m., on Saturdays; and other than between the hours of eight o’clock a.m. and five o’clock p.m., on Sundays; of any equipment, truck or machinery which emits noises of such intensity or loudness that annoy or disturb persons of ordinary sensibility in the immediate vicinity, except in the 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 city council during the time the emergency exists.
(D) 
This article is not intended to prohibit and shall not prohibit in any way the operation of power lawnmowers or other lawn equipment used for agricultural purposes or lawn maintenance.
(6) 
Noise Near Schools.
The creation of any excessive noise on any street adjacent to any school or institution of learning while the same is in session which unreasonably interferes with the workings of such institution; provided conspicuous signs or other evidence are displayed in such manner as to indicate that such is a school street, or that such institutions are schools.
(7) 
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 as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in the immediate vicinity.
(8) 
Shouting of Peddlers.
The raucous shouting and crying of peddlers, hawkers, and vendors, which disturb the peace and quiet of the neighborhood.
(9) 
Shouting on Streets.
The loud speaking, orating or exhorting by any person upon any public street or sidewalk within the city limits which disturb the peace and quiet of persons of ordinary sensibilities.
(Ordinance 458, sec. III, adopted 3/6/07)