Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof fined in an amount in accordance with the general penalty provided in section
1.01.009.
(Ordinance 969 adopted 2/2/05; 2004 Code, sec. 8.502; Ordinance adopting 2019 Code)
The acts as set forth in this section, among others, are declared
to be noise nuisances in violation of this article. Said enumeration
shall not be deemed to be exclusive.
(1) Radios.
The playing of any radio, phonograph or other
musical instrument in such a manner, or with such volume, as to annoy
or disturb the quiet, comfort or repose of persons of ordinary sensibilities
in any dwelling, hotel, or other type of abode.
(2) Loudspeakers, amplifiers and musical instruments.
(A) The use of any stationary or mobile loudspeaker or amplifier or other
musical instrument in such a manner or with such volume that annoys
and disturbs persons of ordinary sensibilities in the immediate vicinity;
(B) The operation of such loudspeaker or amplifier or other musical instrument
at any time after 10:00 p.m.
Provided, however, that upon application by the user of such
devices, the city council may make special exemption of this clause
for such time or times as the council feels will serve the public
welfare.
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(3) Animals.
The keeping of any animal or bird which, by
causing frequent or long-continued noise, disturbs the comfort and
repose of persons of ordinary sensibilities in the immediate vicinity.
(4) Building operations; automotive repair.
The erection,
including excavation, demolition, alteration, or repair work, on any
building at any time other than 30 minutes after sunup and 30 minutes
after sundown, except in cases of urgent necessity in the interest
of public safety and convenience. The repair of automobiles or other
equipment in such a manner [that] might create loud noise which tends
to interfere with the comfortable enjoyment of persons in their homes,
other than 30 minutes after sunup and 30 minutes after sundown.
(5) Noise near school, church or hospital.
The creation
of any excessive noise on any street adjacent to any church, school
or institution of learning while the same is in session, or adjacent
to any hospital, which unreasonably interferes with workings of such
institutions, provided conspicuous signs or other evidence is displayed
in such manner as to indicate that such is a church, school or hospital.
(6) Motor vehicle horns.
The blowing of the horn on any
motor vehicle, other than using said horn as a warning device.
(7) Motor vehicle acceleration.
No driver of any vehicle,
including motorcycles, all-terrain vehicles and bicycles, shall cause,
by excessive and unnecessary acceleration, the tires of such vehicle
or cycle to spin and emit loud noises or to unnecessarily throw stones
or gravel, nor shall such driver cause to be made by excessive and
unnecessary acceleration any loud noise as would disturb the public
peace.
(8) Motor vehicle engine “jake” braking.
The
use of engine compression braking systems or “jake” braking
is prohibited within the city limits, except in emergencies, and such
signs shall be posted.
(Ordinance 969 adopted 2/2/05; 2004 Code, sec. 8.501)