A person commits an offense if he makes or causes to be made
any loud and/or disturbing noise, and the noise was of such character
to cause intensity or duration [sic] as to be detrimental to the life
or health of a reasonable and prudent person, or in disturbance of
a public place and welfare within the incorporated city limits.
(Ordinance 2016-0711-03 adopted 7/11/16)
No motor vehicle shall be equipped with and no person shall
use upon a vehicle any bell, siren, or compression or exhaust whistle,
except that vehicles operated in the performance of duty by law enforcement
officers, the fire department, and ambulances may attach and use a
bell, siren, or compression or exhaust whistle.
(Ordinance 2016-0711-03 adopted 7/11/16)
(a)
The
operation of any motor vehicle in such a way as to cause the tires
thereof to screech except where the same is necessarily caused in
an emergency in an attempt by the operator to avoid an accident or
the causing of damage or injury shall be deemed a violation of this
article.
(b)
Accelerate
or race the motor of a vehicle from a sudden start or stop so as to
cause a loud noise in a manner calculated to disturb the persons present.
(Ordinance 2016-0711-03 adopted 7/11/16)
The creating of any unreasonable loud, disturbing and unnecessary
noise within the corporate limits of the city is prohibited. Any noise
of such character, intensity or duration as to be detrimental to the
life or health of any reasonable and prudent person, or in disturbance
of the public peace and welfare, is prohibited.
(Ordinance 2016-0711-03 adopted 7/11/16)
The following loud and disturbing noises, noise disturbances,
and vibrations are presumed to be offensive to the ordinary sensibilities
of a reasonable and prudent person:
(1)
The
sounding of any horn or signal device on any motor vehicle, or other
vehicle on any street or public place of the city, except as a danger
signal or warning device for any unreasonable or unnecessary length
of time shall be considered a violation of this article.
(2)
The
loud grating, grinding, or rattling noise caused by the use of any
motor vehicle that is out of repair or poorly or improperly loaded
shall be deemed a violation of this article.
(3)
The
discharge into the open air of the exhaust of any stationary steam
engine, stationary internal combustion engine, or motorboat engine,
blower or power fan except through a muffler or other device that
will effectively and efficiently prevent loud and disturbing noises
or vibrations.
(4)
The
operating or permitting to be played, used or operated, of sound equipment,
any radio receiving set, television set, musical instrument, phonograph,
or other machine or device for the producing or reproducing of sound
in such a manner as to disturb the peace, quiet and comfort of the
neighboring inhabitants, or at any time with louder volume than is
necessary for convenient hearing for the reasonable and prudent person(s)
who are in the room, vehicle or chamber, in which such machine or
device is operated and who are voluntary listeners thereto, shall
be deemed a violation of this article.
(A)
The operation of any such set, instrument, phonograph, machine, radio
or device between the hours of 11:00 p.m. and 7:00 a.m. in such a
manner as to be plainly audible as to annoy or disturb the quiet,
comfort or repose of any reasonable and prudent person, within a distance
of fifty (50) feet from the building, structure, vehicle or location
in which it is located shall be prima facie evidence of a violation
of this section.
(B)
Yelling, shouting, hooting, whistling, or singing on the public streets,
particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any
time or place as to be plainly audible and annoy or disturb the quiet,
comfort or repose of persons in any location or in the vicinity thereof
shall be a violation of this section.
(Ordinance 2016-0711-03 adopted 7/11/16)
The keeping of any animal, bird, or fowl which, by causing frequent long continued noise, and/or any animal which constitutes noise under section 2.01.009(2), shall disturb the comfort or repose of a reasonable and prudent person in the vicinity thereof shall be a violation of this article.
(Ordinance 2016-0711-03 adopted 7/11/16)
The creation of any excessive noise on any street adjacent to
any school, child care center, or church while the same is in session,
and interferes with the working or sessions thereof shall be a violation
of this article.
(Ordinance 2016-0711-03 adopted 7/11/16)
(a)
Noise
created by construction work within 300 feet of an occupied residential
structure involving erecting, excavation, demolition, alteration,
or repair of any building, structure or flat-work is prohibited as
follows:
(b)
The
operation of construction equipment or machinery within 300 feet of
any residence on Sundays and the following holidays, regardless of
the day of week:
(Ordinance 2016-0711-03 adopted 7/11/16)
A person commits an offense if the person makes noise in violation
of this article.
(1)
An
offense under this article is punishable by a fine of not more than
$500.00.
(2)
Each
occurrence of a violation, or, in the case of multiple violations,
each day a violation occurs or continues, constitutes a separate offense
and may be punished separately.
(3)
A
violation of this article is a nuisance. The prosecution of an offense
under this article does not limit the city’s right to abate
the nuisance, including the use of injunctive or other civil relief.
(Ordinance 2016-0711-03 adopted 7/11/16)
Section 8.06.002 and/or section 8.06.005 shall not apply to emergencies of any governmental subdivision or any public utility conducting excavations or repairs on bridges, streets or highways by or on behalf of the city, county or state during the night when the public welfare and convenience renders it impossible to perform such work during the day.
(Ordinance 2016-0711-03 adopted 7/11/16)
