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)