(a)
Any
unreasonable loud, disturbing, unnecessary noise which causes material
distress, discomfort or injury to persons of ordinary sensibilities
in the immediate vicinity thereof is declared to be a nuisance and
is prohibited.
(b)
Any
noise of such character, intensity and continued duration which substantially
interferes with the comfortable enjoyment of private homes by persons
of ordinary sensibilities is declared to be a nuisance and is prohibited.
(1987 Code, ch. 7, sec. 4A; 2004
Code, sec. 8.401)
The following acts, among others, are declared to be nuisances
in violation of this article, but said enumeration shall not be deemed
to be exclusive:
(1)
The
playing of any radio, phonograph or other musical instrument in such
manner or with such volume, during the hours between 10:00 p.m. and
7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of
persons of ordinary sensibilities in any dwelling, hotel, or other
type of residence.
(2)
The
use of any loudspeaker or amplifier of such intensity that annoys
and disturbs persons of ordinary sensibilities in the immediate vicinity
thereof, except by permit issued by the city manager or his/her designee
for non-political purposes.
(3)
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.
(4)
The
continued or frequent sounding of any horn or signal device on any
automobile, motorcycle, bus, streetcar or other vehicle except as
a danger or warning signal; the creation of noise by means of any
such signal device of any unreasonable loud or harsh device [sic]
for any unnecessary and unreasonable period of time.
(5)
The
running of any automobile, motorcycle, streetcar 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.
(6)
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.
(7)
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.
(8)
The
use of any mechanical device operated by compressed air, unless the
noise to be created is effectively muffled and reduced.
(9)
The
erection, including excavation, demolition, alteration or repair work,
on any building other than between the hours of 7:00 a.m. and 6:00
p.m. on weekdays and Saturdays, except in case of urgent necessity
in the interest of public safety and convenience, and then only by
permit from the city council, which permit may be renewed by the council
during the time the emergency exists.
(10)
The creation of any excessive noise on any street adjacent to any
school or institution of learning while the same is in session or
adjacent to any hospital which unreasonably interferes with the workings
of such institutions, providing conspicuous signs are displayed in
such manner indicating that the same is a school or hospital area.
(11)
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.
(12)
The raucous shouting and crying of peddlers, hawkers and vendors,
which disturbs the peace and quiet of the neighborhood.
(13)
The use of any bell, drum, loudspeaker, whistle, or other instrument
or device for the purpose of attracting attention by the creation
of noise to any performance, show or sale of merchandise.
(14)
The parking or storage between the hours of 10:00 p.m. and 7:00 a.m.
of any motor vehicle, with any motor or motors affixed thereto left
in operation, for a period in excess of one (1) hour, within a distance
of two hundred (200) feet from any family dwelling.
(15)
The commercial changing of automobile or truck tires by use of metal
tire irons and tools between the hours of 10:00 p.m. and 7:00 a.m.
within a distance of two hundred (200) feet from any family dwelling.
(1987 Code, ch. 7, sec. 4B; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 8.402; Ordinance adopting
2021 Code)
