The purpose of this article is to control noises and the nuisance
thereby created in such a manner as to cause the least hardship or
offense to the greatest number of people.
(Ordinance 2005-006, sec. 2, adopted 3/15/05)
The following noises and other noises of the same characteristics,
intensity or annoyance shall be prohibited at all times and at all
places within the city:
(1) Horns, signaling devices.
The sounding of any horn or
signaling device on any automobile, motorcycle, bus or other vehicle
on any street or public place of the city except as a danger warning;
the creation by means of any such signaling device of any unreasonably
loud or harsh sound; the sounding of any such device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any such
signaling device when traffic is for any reason held up.
(2) Radios, phonographs.
The use or operation of any radio
receiving set, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in such manner as
to disturb the peace, quiet and comfort of the neighboring inhabitants
or at any time with louder volume than is necessary for convenient
hearing for the person of normal hearing who is in the room, vehicle
or chamber in which such machine or device is operated and who is
a voluntary listener thereto or allowing such use or operation. The
operation of any such set, instrument, phonograph, machine or device
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as
to be plainly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
(3) Loudspeakers, amplifiers for advertising.
The use or
operation of any radio, receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other machine or device for the producing
or reproducing of sound which is cast upon the public streets for
the purpose of commercial advertising or attracting the attention
of the public to any building, product, service, merchandise or political
candidate, or allowing such use or operation, except as authorized
by the city council.
(4) Yelling, shouting.
Yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of
11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or
disturb the quiet, comfort or repose of persons in any office, or
in any dwelling, hotel or other type of residence, or of any persons
in the vicinity.
(5) Animals, birds.
The keeping of any animal or bird which
by causing frequent or long continued noise shall disturb the comfort
or repose of any persons in the vicinity.
(6) Steam whistles.
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 fire or danger, or upon request of
proper city authorities.
(7) Exhausts.
The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(8) Defect in vehicle or load.
The use of any automobile,
motorcycle or vehicle so out of repair, so loaded or in such manner
as to create loud and unnecessary grating, grinding, rattling or other
noises.
(9) Loading, unloading and opening boxes.
The creation of
a loud and excessive noise in connection with the loading and unloading
of any vehicle, or the opening and destruction of bales, boxes, crates
and containers on Sundays, Christmas, New Year’s Day or Thanksgiving
or before 7:00 a.m. or after 11:00 p.m.; provided, however, that under
emergency conditions the mayor may, in his discretion, grant exceptions
thereto.
(10) Adjacent to schools, courts, churches, hospitals.
The
creation of any unnecessary noise on any street adjacent to any school,
institution of learning, church or court while the same is in use,
or adjacent to any hospital, which interferes with the workings of
such institutions, or which disturbs or unduly annoys patients in
the hospital; provided, conspicuous signs are displayed in such streets
indicating that the same is a school, hospital, church or court street.
(11) Hawkers, peddlers.
The shouting or crying of peddlers,
hawkers or vendors which disturbs the peace and quiet of the neighborhood.
(12) Drums, instruments.
The use of any drum or other instrument
or device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
(13) Firearms and fireworks.
The explosion of firecrackers,
skyrockets, roman candles, pinwheels or any other form of fireworks
or the unnecessary shooting of any firearms, except as specifically
authorized by law or the proper official.
(14) Transportation of metal rails, pillars and columns.
The transportation of rails, pillars or columns of iron, steel or
other material, over and along the streets and other public places
upon carts, drays, cars, trucks or in any other manner so loaded as
to cause loud noises or as to disturb the peace and quiet on or adjacent
to such streets or other public places.
(15) Operation of public transportation buses.
The causing,
permitting or continuing any excessive, unnecessary and avoidable
noise in the operation of a public transportation bus.
(16) Pile drivers, hammers.
The operation of any pile driver,
steam shovel, pneumatic hammer, derrick, steam or electric hoist or
other appliance, the use of which is attended by loud or unusual noise,
except on written permission of the mayor prescribing the locality
and the hours during which such operation is permissible.
(17) Blowers.
The operation of any noise-creating blower
or power fan, or any internal combustion engine, the operation of
which causes noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine
is equipped with a muffler device sufficient to deaden such noise.
(18) Air conditioning units.
Self-contained, one-room air-conditioning
units, up to one-ton capacity attached to the outside walls or windows
of buildings within the city, and operated for the comfort of the
occupants of such buildings, shall not be deemed in violation of this
section where proof is established that such units are maintained
in good mechanical condition. Air-conditioning units of more than
one-ton capacity may not be operated within the city except where
remote compressors are housed in soundproof rooms, or where attached
or immediately adjoining compressors are sound treated or baffled,
and cooling coil and condensation water is disposed of, as prescribed
by the city manager.
(Ordinance 2005-006, sec. 3, adopted 3/15/05)
Any person, firm or corporation violating any provision of this
article shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not to exceed two thousand dollars ($2,000.00).
Every violation and every day that the violation continues shall constitute
a separate offense.
(Ordinance 2016-5-24A adopted 5/24/16)