No person shall make or cause to be made any loud and raucous
noise in the city which is offensive to the ordinary sensibilities
of the inhabitants of the city, interferes with the enjoyment of life
or property, or disturbs public peace and comfort.
(1995 Code of Ordinances, Chapter 7, Article 7.400,
Section 7.401)
The following acts, among others, are declared to create loud
and raucous noises, and shall be deemed a violation of this article,
but such enumeration shall not be deemed to be exclusive.
(1) The
sounding of any horn or signal device on any automobile, motorcycle,
bus, streetcar, or other vehicle, except as a danger signal as required
by state law.
(2) The
playing of any radio, compact disc player, cassette player, phonograph,
or any electrical or mechanical device which emits sound or the playing
of a musical instrument in the city in such a manner, or with such
volume as to disturb the peace, quiet, comfort, or repose of persons
of ordinary sensibilities. This provision shall not apply to church
bells or chimes.
(3) The
use of any automobile, motorcycle, bus, streetcar, or vehicle so out
of repair, so loaded, or operated in such manner as to create loud
or unnecessary noises such as spinning or squealing tires, grating,
grinding, rattling, or other noise.
(4) The
blowing of any steam whistle attached to any stationary boiler, except
to give notice of the time to begin or stop work or as a warning of
danger.
(5) The
discharge into the open air of the exhaust of any stationary steam
engine, stationary internal combustion engine, motor vehicle or boat
engine except through a muffler or other device which will effectively
and efficiently prevent loud or explosive noises.
(6) The
use of any mechanical device operated by compressed air, except pneumatic
drills, unless the noise thereby created is effectively muffled and
reduced.
(7) The
erection, including excavation, demolition, alteration, or repair
of any building in or adjacent to a residential area other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and 8:00 a.m. and
6:00 p.m. on Saturdays, and 9:00 a.m. and 5:00 p.m. without heavy
equipment on Sundays, except in the case of urgent necessity or in
the interest of public safety for which a permit must be obtained
from the city manager, or his designee, prior to any deviation of
these hours.
(8) The
creation of loud and raucous noise on any street adjacent to any school
or court which is in session, or adjacent to any hospital which unreasonably
interferes with the working of such institution, provided that conspicuous
signs are located in such streets indicating that schools, hospitals,
and courts are adjacent thereto.
(9) The
creation of a 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.
(10) The
sounding of any bell or gong attached to any building or premises
which is reasonably calculated to disturb a person of ordinary disposition
if such person were in the vicinity thereof.
(11) The
shouting and crying of peddlers, hawkers and vendors which disturbs
the quiet and peace of the neighborhood.
(12) The
use of any drum or other instrument or sound amplifying equipment
for the purpose of attracting attention by the creation of noise,
to any performance, show, sale, or display of merchandise as to attract
customers to any place of business.
(13) The
use of mechanical loudspeakers or sound amplifiers on trucks or other
moving vehicles for the purpose of advertising any show, sale, or
display of merchandise.
(14) The
keeping of any animal or fowl which emits or makes a loud and raucous
noise.
(1995 Code of Ordinances, Chapter 7, Article 7.400,
Section 7.402)
It shall be unlawful for any person owning, leasing, operating, managing, or supervising any public place of business to permit or allow any such loud noise as specified in Sections
8.402 and
8.403.
(1995 Code of Ordinances, Chapter 7, Article 7.400,
Section 7.403)
(a) A person
commits an offense if he operates or causes to be operated any mechanical
loudspeaker or sound amplifier in a public place or upon any public
sidewalk, street, alley, or highway of the city in violation of any
of the following limitations and requirements:
(1) No
mechanical loudspeaker or sound amplifier may be operated within 150
feet of the property line of the premises of a residence, except between
the hours of 8:00 a.m. and sunset, as designated by publication in
a local newspaper of general circulation.
(2) A
mechanical loudspeaker or sound amplifier may not emit loud and raucous
noises so as to interfere with the enjoyment of life or property or
to interfere with public peace and comfort.
(3) A
mechanical loudspeaker or sound amplifier must be operated so as not
to cause traffic congestion or congregation of crowds that obstructs
any public sidewalk, street, alley, or highway.
(4) A
mechanical loudspeaker or sound amplifier may not be operated within
150 feet of any:
(B) school that is in session;
(D) facility that provides surgical services to patients who do not require
overnight hospital care during the hours of operation of the facility.
(b) In this
section:
(1) Residence.
Means a single-family, duplex,
or multi-family dwelling.
(2) Surgical Services.
Means therapy of
a mechanical or operative kind, including, but not limited to, operations
involving cutting, the setting of fractures and dislocations, and
similar manual forms of treatment.
(c) If conduct
that would otherwise violate this section consists of speech or other
communication, of gathering with others to hear or observe such speech
or communication, or of gathering with others to picket or otherwise
express in a nonviolent manner a position on social, economic, political,
or religious questions, the person must be ordered to move, disperse,
or otherwise remedy the violation prior to arrest or citation.
(d) The
order required by subsection (3) may be given by a peace officer,
a fireman, a person with authority to control the use of the premises,
or any person directly affected by the violation.
(e) It is
a defense to prosecution under subsection (1) that:
(1) in
circumstances in which this section requires an order, no order was
given;
(2) an
order, if given, was manifestly unreasonable in scope;
(3) an
order, if given, was promptly obeyed;
(4) the
mechanical loudspeaker or sound amplifier was operated in a public
place within an enclosed structure and was not audible beyond the
property line of the premises on which it was located;
(5) the
person operating the mechanical loud speaker or sound amplifier was
a law enforcement officer or member of the fire department in the
performance of official duties;
(6) the
mechanical loudspeaker or sound amplifier was operated for the purpose
of alerting persons to the existence of an emergency or danger; or
(7) the
mechanical loudspeaker or sound amplifier was operated in the performance
of emergency work necessary to restore public utilities, to restore
property to a safe condition, or to protect persons or property from
imminent danger, following a fire, accident, or natural disaster.
(1995 Code of Ordinances, Chapter 7, Article 7.400,
Section 7.404)