The creation of any unreasonable, loud, disturbing and unnecessary
noises in the city is hereby prohibited. Noises of such character,
intensity and duration as are reasonably calculated to be detrimental
to the life or health of any ordinary reasonable person are hereby
prohibited.
(1967 Code, sec. 15-1; 1976 Code,
sec. 34-161; 2008 Code, sec. 34-161)
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this article; provided, however,
that such enumeration shall not be construed to be exclusive of other
noises:
(1) The
sounding of any horn or signal device on any automobile, motorcycle,
bus, streetcar or other vehicle while not in motion, except as a danger
signal if another vehicle is approaching apparently out of control,
or if in motion only as a danger signal after or as brakes are being
applied and deceleration of the vehicle is intended; the creation
by means of any such signal device of any unreasonably loud or harsh
sound; and the sounding of such device for any unnecessary and unreasonable
period of time.
(2) The
playing of any radio, phonograph or musical instrument in such manner,
or with such volume, particularly during the hours between 11:00 p.m.
and 7:00 a.m., as to create a noise such as is reasonably calculated
to disturb a person of ordinary disposition under the same or similar
circumstances residing in a dwelling or other type of residence in
the vicinity.
(3) The
use of any automobile, motorcycle, 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 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.
(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 a residential or business district other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of
urgent necessity in the interest of public safety, and then only with
a permit from the city commission, which permit may be renewed for
a period of three days or less while the emergency continues.
(8) The
creation of any excessive noise on any street adjacent to any school,
institution of learning, or court while the school, institution of
learning, or court is in session, or adjacent to any hospital, which
unreasonably interferes with the working of such institution, provided
conspicuous signs are displayed in such streets indicating that the
street is a school, hospital or court street.
(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, loudspeaker or other instrument or device for
the purpose of attracting attention by creation of noise to any performance,
show or sale of merchandise.
(13) The use of loudspeakers or amplifiers on trucks or other vehicles,
except where specific license is granted by the chief of police.
(1967 Code, sec. 15-2; 1976 Code,
sec. 34-162; 2008 Code, sec. 34-162)
(a) Permit required.
It shall be unlawful for any person
having under his control or management any skating rink, bowling alley,
or establishment where beer or other intoxicating beverages are sold,
or any other place open to the public for the purpose of entertainment
or amusement, to permit or allow any bands or musical instruments
or records to be played or operated with the use of loudspeaking equipment
to amplify the music, voices or noise on any such premises under his
management or control within the city without first obtaining a permit
to do so. It shall further be unlawful for anyone whose permit has
been revoked to allow or permit any such mechanical devices, bands
or orchestras to be played or to perform on his premises until such
permit is renewed. The issuance of a permit shall not give the right
to violate any of the provisions of this article.
(b) Issuance; term; fee.
(1) Any person desiring a permit as set forth in subsection
(a) of this section shall apply to the chief of police for the permit. The chief of police shall grant to any such applicant a permit. An annual permit shall be good for a period of 12 months after the date of issuance thereof. No permit shall be issued for a period of time longer than that provided in this subsection.
(2) For each permit granted under subsection
(a) of this section, the applicant shall pay the sum set forth in the fee schedule in appendix
A of this code. The year shall be divided into quarters, with the months of January, February and March being one quarter, April, May and June another quarter, July, August and September another quarter, and October, November and December another quarter. If an application for a permit is made after the expiration of any one or more quarters, then the license fee provided for in this section shall be lessened in accordance with the period of time which has expired, except, if an application is made during any one quarter, no deduction shall be allowed for the portion of the quarter which has expired.
(c) Revocation.
(1) If at any time the holder of any permit issued under the provisions
of this section shall be guilty of violating any of the provisions
of this article, the chief of police is hereby authorized to immediately
revoke such permit; provided, however, that, if such permit is revoked,
the permittee shall have the right to appeal such revocation to the
city commission within ten days thereafter.
(2) In the event of such revocation, the permittee shall not be allowed
to obtain another permit until the expiration of one year from the
date of such revocation.
(1967 Code, secs. 15-3–15-5; 1976 Code, sec. 34-181; 2008 Code, sec. 34-181; Ordinance adopting 2020 Code)
(a) Permit required.
Any person desiring to use a mechanical loudspeaker or amplifier on any vehicle on the streets of the city or at any home, building or other premises in the city shall apply for a permit therefor to the chief of police in the manner provided in section
8.02.003. Any such permit issued shall be good for the length of time specified in section
8.02.003 and shall be subject to revocation in the same manner as that specified in section
8.02.003.
(b) Restrictions on operation.
(1) Location.
Any permittee under the provisions of subsection
(a) of this section shall not operate such mechanical speaker or amplifier on vehicles in any hospital or school zone, when such school is in session or operation, within the city.
(2) Hours.
It shall be unlawful for any such permittee to
operate such mechanical speaker or amplifier between the hours of
9:00 p.m. and 9:00 a.m. on weekdays or between the hours of 7:00 a.m.
and 1:00 p.m. or after 9:00 p.m. on Sundays.
(1967 Code, secs. 15-6, 15-7; 1976
Code, sec. 34-182; 2008 Code, sec. 34-182)