Any unreasonably loud, disturbing, or 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 the same is hereby prohibited.
(2005 Code, sec. 9.3.01)
Any noise of such character, intensity, and continued duration
as to be reasonably calculated to substantially interfere with the
comfortable enjoyment of private homes by persons of ordinary sensibilities
is hereby declared to be a nuisance, and the same is hereby prohibited.
(2005 Code, sec. 9.3.02)
It shall be unlawful for any owner, occupant, or person otherwise
in control or supervision of any private residence or other dwelling
unit, business establishment, place of amusement or recreation, motor
vehicle, or private property of any character whatsoever knowingly
to permit any unreasonably loud, disturbing, or unnecessary noise
in or upon the property owned, occupied, controlled, or supervised
by him.
(2005 Code, sec. 9.3.03)
The following acts, among others, are declared to be nuisances
in violation of this article, but such enumeration shall not be deemed
to be exclusive:
(1)
Music; amplified sound.
The playing of any musical instrument,
radio, television, phonograph, or any other mechanical or electronic
service device capable of emitting noises, music and/or words with
such volume as to annoy or disturb the quiet, comfort, and feelings
of persons of ordinary sensibilities in the immediate vicinity, particularly
between the hours of 8:00 p.m. and 8:00 a.m., but not limited thereto;
provided, it shall be prima facie evidence that the sounds emitting
from such instrument or device are disturbing to persons in the immediate
vicinity if said sounds are distinctly discernible at a distance of
more than one hundred (100) feet from such instrument or device.
(2)
Animals or birds.
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.
(3)
Horns or other signal devices on vehicles.
The continued
or frequent sounding of any horn or signal device on any automobile,
motorcycle, bus, or other vehicle except as a danger or warning signal.
(4)
Operation of vehicles.
The running of any automobile,
motorcycle, or vehicle so out of repair, so loaded or in such manner
as to create loud or unnecessary grating, grinding, jarring, or rattling
noise or vibrations.
(5)
Exhaust without mufflers.
The discharge into the open
air of the exhaust of any steam engine, stationary internal combustion
engine, motor vehicle or boat engine except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom
or the use of any mechanical device operated by compressed air, unless
the noise to be created is effectively muffled and reduced.
(6)
Construction work.
The erection, including excavation,
demolition, alteration or repair work, on any building other than
between the hours of 7:00 a.m. and 8:00 p.m.
(7)
Noise near schools.
The creation of any excessive noise
on any street adjacent to any school or instruction of learning while
the same is in session which unreasonably interferes with the workings
of such institution, provided conspicuous signs are displayed in such
manner indicating that the same is a school street.
(8)
Loading and 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.
(9)
Use of drums or other device to attract attention.
The
use of any drum, loudspeaker, or other instrument or device for the
purpose of attracting attention, by the creation of noise, to any
performance, show, or sale of merchandise.
(2005 Code, sec. 9.3.04)
