(a)
The
making, causing or permitting to be made of any unnecessary noise
in any section of the city, in such manner as to disturb the peace
and comfort of the people, by the honking of a horn, the ringing of
a bell, the sounding of a gong, the blowing of a whistle, or by means
of a loudspeaker or megaphone, or by racing of an engine, or by means
of any musical instrument, machinery or device or amplifier, to the
point of a citizen’s complaint or to the point that the city
police department finds such noise found to be unreasonable, is hereby
declared to be a nuisance and is prohibited within the corporate limits
of the city. However, the provisions of this section shall not be
construed to prevent the giving of any sound as a warning of danger,
if necessary or required by law.
(b)
The
violation of any provision of this section shall be deemed a class
C misdemeanor and shall be punishable by the penalty prescribed by
state law.
(Ordinance 294 adopted 12/10/90)
(a)
“Noise
nuisance” is defined as any unreasonably loud, disturbing or
unnecessary noise which causes material distress, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof,
or any noise of such character, intensity or continued duration which
substantially interferes with the comfortable enjoyment of private
homes by persons of ordinary sensibilities.
(b)
The
following acts, among others, are declared to come within the purview
of this section, and to be nuisances within the meaning hereof, but
said enumeration shall not be deemed exclusive, such acts being as
follows:
(1)
The continued or frequent sounding of any horn or other signal device
on any automobile or other vehicle except as a danger or warning signal,
or the creation by any means of any such signal device of any unreasonably
loud or harsh noise for any unnecessary purpose or unreasonable period
of time; or
(2)
The use of any mechanical device operated by compressed air, unless
the noise thereby created has been effectively muffled and reduced.
(c)
This
section shall be strictly enforced by the city police department.
(d)
A violation of this section is a class C misdemeanor punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. It shall be an affirmative defense to a violation of subsection (b) of this section that the use of an engine brake was necessary in order to avoid an accident.
(Ordinance 2005-335 adopted 4/12/05; Ordinance adopting Code)
