(a)
Any
unreasonable, loud, disturbing, unnecessary noise which causes material
distress, discomfort or injury to persons of ordinary sensibility
in the immediate vicinity thereof is hereby declared to be a nuisance
and is hereafter prohibited.
(b)
Any
noise of such character, intensity or continued duration, which substantially
interferes with the comfortable enjoyment of a private home by a person
of ordinary sensibilities is hereby declared to be a nuisance and
is hereafter prohibited.
(c)
Prima facie evidence of unreasonable sound.
Nothing
in this article shall be deemed to require the use of noise decibel
(dB(a) evidence in any prosecution instituted under this article;
provided, however, evidence that an activity or sound source produces
a sound that exceeds the following dB(a) levels when measured upon
a receiving property shall be prima facie evidence of an unreasonable
sound.
(Ordinance 37, sec. 6(A), adopted 9/8/81; Ordinance adopting 1982 Code; 1982 Code, ch. 6, sec. 6(A); Ordinance
234 adopted 11/14/00; Ordinance 346 adopted 3/11/14)
The following acts, among others, are declared to be unreasonable,
loud, disturbing and unnecessary noises and nuisances in violation
of this article; provided, however, that such enumeration shall not
be construed to be exclusive of other noises, to wit:
(1)
Radios, phonographs and other instruments.
The playing
of any radio, phonograph, compact disc player or other instrument
in such manner or with such volume as to be audible within fifty (50)
feet of its playing, and which annoys or disturbs the quiet, comfort
or repose of persons of ordinary sensibilities in any dwelling, hotel
or other type of residence, particularly between the hours of 10:00
p.m. and 7:00 a.m. shall be deemed a violation of this article.
(2)
Automobiles, motorcycles or other vehicles.
The running
of any automobile, motorcycle, street car or other vehicle so out
of repair, so loaded or in such manner as to create a loud or unnecessary
grating, grinding, jarring or rattling noise or vibration shall be
deemed a violation of this article. Any music or sound produced by
a motor vehicle’s stereo, amplifier or other means audible for
a distance of 50 feet from the vehicle shall be deemed a violation
of this article.
(3)
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 danger shall be deemed a violation
of this article.
(4)
Engine discharge.
The discharge into the open air of
the exhaust of any steam engine, stationary internal combustion engine,
motor vehicle, boat engine, motorcycle or street car, except through
a muffler or other device which will effectively prevent loud or explosive
noises shall be deemed a violation of this article.
(5)
Horns and signal devices.
The sounding of any horn or
signal device on any automobile, motorcycle, bus, streetcar or other
vehicle, except as a danger signal upon approach of another vehicle
with which collision could be imminent, and except as a danger signal
upon application of brakes and intended deceleration of vehicle, shall
be deemed a violation of this article. The creation by means of any
audible signal device of any unreasonably loud or harsh sound and
the sounding of such device for any unnecessary and unreasonable period
of time shall be deemed a violation of this article.
(6)
Diesel powered equipment.
The operation by drivers of
diesel powered trucks and equipment of any compression release device
or bypass device, including, but not limited to, those devices commonly
known as “Jake Brakes” shall be deemed a violation of
this article.
(7)
Building and demolition procedures.
The erection, excavation,
demolition, alteration, or repair of any building in a residential
or business district other than between the hours of 6:00 a.m. and
9:00 p.m., shall be deemed a violation of this article.
(8)
Shouting and crying.
The shouting and crying of peddlers,
hawkers, and vendors which disturbs the quiet and peace of the neighborhood
shall be deemed unnecessary noise and a violation of this article.
(9)
Drums, loudspeakers, etc.
The use of any drum, loudspeaker,
or other instrument or device for the purpose of attracting attention
to any performance, show or sale of merchandise by creating of noise
shall be deemed unnecessary noise and a violation of this article.
The use of loudspeakers and amplifiers on trucks or other vehicles,
except where specific license is granted by the city shall be deemed
unnecessary noise and a violation of this article.
(Ordinance 37, sec. 6(B), adopted 9/8/81; Ordinance adopting 1982 Code; 1982 Code, ch. 6, sec. 6(B); Ordinance
234 adopted 11/14/00; Ordinance 346 adopted 3/11/14)
The following defenses shall apply to any offense established
in this article:
(1)
The
emission of any sound was for the purpose of alerting persons to the
existence of an emergency, danger or attempted crime.
(2)
The
sound was produced by an emergency ground vehicle.
(3)
The
sound was produced by emergency work necessary to restore public utilities,
or restore property to a safe condition, or to protect persons or
property from imminent danger, arising out of fire, accident or natural
disaster.
(5)
The
sound was produced between 6:00 a.m. and 9:00 p.m. of the same day
by the operation of any mechanically powered saw, drill, sander, router,
grinder, lawn or garden tool, lawnmower, or any other similar device
used for the maintenance or upkeep of the property on which it was
used.
(6)
The
sound was generated as authorized under the terms of a permit issued
under this article for operation of an outdoor amplification system.
(Ordinance 346 adopted 3/11/14)
Violations of any provisions of this article shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction be fined in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 346 adopted 3/11/14; Ordinance adopting 2015 Code)
