It shall be unlawful for any person to knowingly make or allow
noise of such character, intensity and duration that is detrimental
to the life or health of any individual in the city.
(Ordinance 248, sec. 1, adopted 5/18/06)
It shall be unlawful for any person to knowingly make, cause
to be made or allow any loud, disturbing and unnecessary noise in
the city which is offensive to the sensibilities of a reasonable and
prudent person, so that it renders the enjoyment of life or property
uncomfortable, or interferes with the public peace and comfort.
(Ordinance 248, sec. 2, adopted 5/18/06)
The following acts are declared to create loud, disturbing and
unnecessary noises, and a person commits an offense if they knowingly
perform or allow the following:
(1) Animals.
Owning, keeping, possessing or harboring any
animal or animals which, by frequent or habitual noisemaking, is disturbing
to a reasonable and prudent person of ordinary sensibilities. The
provisions of this subsection shall apply to all public and private
facilities, including any animal shelter, commercial kennel, or veterinary
clinic that houses or treats animals.
(2) Radios, television sets, musical instruments and similar devices.
Operate or permit to be operated any radio receiver set, musical
instrument, television, phonograph, stereo, or device in such a manner
as to unreasonably disturb or interfere with the public peace and
comfort, or disturb the ordinary sensibilities of a reasonable and
prudent person.
(3) Vehicle loudspeaker, boom-box.
Operate or permit to
be operated any loudspeaker or sound amplifying equipment in a fixed
or movable position mounted on or in any vehicle in or upon any street,
alley, sidewalk, park, or other public property so that the sound
is clearly audible for fifty feet from its source.
(4) Power and pneumatic equipment.
Operate or permit to
be operated any power or pneumatic equipment outdoors in a residential
zone or within one hundred fifty (150) feet or the boundary line of
a residence between the hours of 10:00 p.m. and 7:00 a.m. Motorized
electric or fuel powered equipment including but not limited to tractors,
lawnmowers and other similar devices or equipment shall be considered
power equipment.
(5) Powered model or mechanical devices.
Flying of model
aircraft powered by internal combustion engines, whether tethered
or not, or the flying or operating of model rocket vehicles or similar
noise-producing devices, in a residential area between the hours of
10:00 p.m. and 7:00 a.m.
(6) Refuse collection.
The collection of residential garbage,
waste, or refuse between the hours of 10:00 p.m. and 7:00 a.m.
(7) General amplification of sound.
Operate or cause to
be operated any mechanical or electrical device, machine, apparatus,
or instrument that will intensify, amplify or reproduce the human
voice or any other sound whereby the sound is plainly audible to adjacent
private property or for fifty (50) feet onto public property.
(Ordinance 248, sec. 3, adopted 5/18/06; Ordinance 142-C adopted 8/19/10)
The following activities are exempt from this article:
(1) Sound
caused by emergency or public service work, including police, fire
and public utility operations, when the sound is associated with the
performance of lawful duties to protect the health, safety or welfare
of the community.
(2) Amplifiers
used on vehicles to attract patrons that are operated by ice cream
and snow-cone vendors that produce jingles or music from 8:00 a.m.
to 8:00 p.m. However, such amplified jingles or music shall not be
done in a loud manner so as to be offensive to the ordinary sensibilities
of a reasonable and prudent person.
(3) Individuals
possessing an authorized permit from the city such as a special event
or parade permit shall be allowed to engage in activity authorized
by the permit. Under no circumstances should the amplification of
sound be in a manner that is offensive to the ordinary sensibilities
of a reasonable and prudent person or in such a manner as to interfere
with the public peace and comfort.
(4) City
amusement park area during reasonable hours shall be allowable.
(Ordinance 248, sec. 4, adopted 5/18/06)
Violations shall be penalized or punished under the general penalty provision set forth in section
1.01.009. Each day a violation exists shall constitute a separate offense.
(Ordinance 248, sec. 5, adopted 5/18/06)