A person commits the offense of noise disturbance if he willfully
makes, continues or causes to be made or continued any loud and "raucous
noise", which term shall mean any sound which, because of its volume
level, duration and character, annoys, disturbs, injures or endangers
the comfort, health, peace or safety of reasonable persons of ordinary
sensibilities within the limits of the City.
[Ord. No. 2022-070, 8-22-2022]
A. The following acts are declared to be public nuisances:
1.
The operation of any musical instrument, public address systems
and all kinds and types of sound amplification systems between the
hours of 10:00 P.M. and 7:00 A.M. in such a manner as to be audible
to any person outside of the building or vehicle in which it is located
or off the property upon which it is located.
2.
The use of any motor vehicle so out of repair, so loaded or
in such manner as to create loud grating, grinding, rattling or other
loud and raucous noise or which is not equipped with a muffler in
good working order and in constant operation so as to prevent loud
and raucous noise.
3.
Any excavation, site grading and site construction work, and
any building construction activity not completely contained within
an enclosed building, occurring between the hours of 8:00 P.M. and
7:00 A.M. on any day, except in case of urgent necessity in the interest
of public health and safety, and then only with authorization from
the Building Official.
The following actions are exempt from the provisions of this
Chapter:
A. Noises not directly under the control of the property owner, lessor,
or operator of the premises.
B. Noises of safety signals, warning devices and emergency pressure
relief valves.
C. Transient noise of mobile sources, including automobiles, trucks,
airplanes, and railroads.
D. Occasional outdoor gatherings, public dances, shows and sporting
and entertainment events provided said events are pursuant to a permit
or license issued by the appropriate jurisdiction relative to the
staging of said events.
E. Air-conditioning or refrigeration systems or associated equipment.
F. Cries for emergency assistance and warning calls.
G. Radios, sirens, horns and bells on police, fire and other emergency
response vehicles.
H. Parades, fireworks displays and other special events for which a
permit has been obtained from the City, within such hours as may be
imposed as a condition for the issuance of the permit.
I. Activities on or in municipal and school athletic facilities and
on or in publicly owned property and facilities, provided that such
activities have been authorized by the owner of such property or facilities
or its agent.
J. Fire alarms and burglar alarms, prior to the giving of notice and
reasonable opportunity for the owner or tenant in possession of the
premises served by any such alarm to turn off the alarm.
K. Religious worship activities, including but not limited to bells
and organs.
Any person, owner, agent or supervisor in charge of operating,
ordering, directing or allowing the operation or maintenance of the
device or machine creating a noise as prohibited in this Chapter shall
be deemed guilty of violating this Chapter.
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section
100.220 of the City Code.