Any person, firm or corporation violating any provisions of this article shall be fined in accordance with section
1.01.009 of this code for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ordinance adopted 12/5/1995,
sec. 5; Ordinance adopting Code)
It shall be unlawful for any person within the city to make,
continue or cause to be made or continued any loud, unnecessary or
unusual noise which either annoys, disturbs, injures or endangers
the comfort, repose, convenience, health, peace or safety of others,
within the limits of the city.
(Ordinance adopted 12/5/1995,
sec. 1)
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this article:
(1) Vehicles and motors.
(A) Horns or signaling devices.
The sounding of any horn
or signaling device on any automobile, motorcycle, 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 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. Authorized emergency
vehicles may use warning sounds.
(B) Engine exhausts.
The discharge into the open air within
the city of the exhaust of any steam engine, gasoline engine, stationary
internal combustion engine, or other kind or type of engine, motorboat,
or motor vehicle, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(C) Defect in vehicle or load.
The use within the city of
any wagon, cart, automobile, truck, motorcycle, or other vehicle so
out of repair or loaded in such manner or with material of such nature
as to create loud and unnecessary grating, grinding, rattling or other
noises.
(D) Loading or unloading; opening boxes.
The creation within
the city of loud and excessive noise in connection with loading or
unloading of any vehicle, or the opening or destruction of bales,
boxes, crates, containers, or the like, without exercising reasonable
care to limit such noise and to confine the same.
(2) Building construction or repair.
The creation (including
excavating), demolition, alteration or repair of any building within
the city, other than between the hours of seven o’clock (7:00)
a.m. and nine o’clock (9:00) p.m. on weekdays, except in case
of urgent necessity in the interest of public health and safety, and
then only with a permit from the city manager, his executive assistant
or the director of inspections and permits, which permit may be granted
for a period up to three days while the emergency continues and which
permit may be renewed for periods of three days while the emergency
continues.
(3) Drums or other devices used for attracting attention.
The use within the city of any drum or other instrument or device
for the purpose of attracting attention, by the creation of noise,
to any place of business or entertainment or place of public assembly.
(4) Equipment.
(A) Pile drivers, hammers, etc.
The operation within the
city between the hours of nine o’clock (9:00) p.m. and seven
o’clock (7:00) a.m. of any pile driver, power shovel, pneumatic
hammer, derrick or hoist, or other appliance, the use of which is
attended by loud or unusual noises.
(B) Blowers.
The operation within the city of any noise-creating
blower or power fan, the operation of which causes loud, disturbing
noise, unless such blower or fan is muffled to deaden such noise.
(5) Loudspeakers, amplifiers or paging systems.
(A) Use on streets.
The playing, using, operating or permitting
to be played, used or operated 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 of the city.
(B) Hours of use.
No machine or device specified in subsection
(A) above shall be operated between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m. from Sunday evening through Friday morning, and between eleven o’clock (11:00) p.m. and seven o’clock (7:00) a.m. from Friday evening through Sunday morning and on those evenings preceding national holidays and legal school holidays enumerated in statutes, in such a manner as to be plainly audible at a distance of fifty feet (50') from the location of such set, instrument or device.
(6) Radios, phonographs, televisions and similar devices.
The playing, using, operating or permitting to be played, used or
operated any radio receiving set, musical instrument, phonograph,
tape player, television receiving set or other machine or device for
the producing or reproducing of sound between the hours of ten o’clock
(10:00) p.m. and seven o’clock (7:00) a.m. from Sunday evening
through Friday morning, and between eleven o’clock (11:00) p.m.
and seven o’clock (7:00) a.m. from Friday evening through Sunday
morning and on those evenings preceding holidays as established by
city ordinance, loud enough to be clearly heard fifty feet from the
boundary of the property on which the sound is produced or reproduced.
(7) Noise near school, court, church or hospital.
The creation
within the city of any excessive noise in the vicinity of any school,
institution of learning, church, court or hospital, while the same
is in use, which unreasonably interferes with the workings of such
institution, or which disturbs or unduly annoys patients in the hospital,
provided conspicuous signs are displayed at or near such buildings
indicating that the same is a school, hospital, court or church.
(8) Hawkers and peddlers.
The shouting and crying within
the city of peddlers, hawkers and vendors which disturbs the peace
and quiet of the neighborhood.
(9) Yelling, shouting, etc., on streets.
Yelling, shouting,
hooting, whistling, or singing on the public streets of the city between
the hours of eleven o’clock (11:00) p.m. and seven o’clock
(7:00) a.m., or at any time or place so as to annoy or disturb the
peace, quiet, comfort or repose of persons in any office, or in any
dwelling, hotel or other type or residence or of persons in the vicinity,
within the limits of this city.
(10) Noisy animals and birds.
The keeping of any animal or
bird shut up or tied up in any yard, enclosure, stable, or other place
within the city which, by frequently repeated barking, howling, crying,
or singing, causes frequent or long-continued noise.
(11) Amplified sound from motor vehicle.
The production or
reproduction of sound from amplification equipment contained in or
mounted on a motor vehicle that produces sound plainly audible at
a distance of fifty feet (50') from the location of the vehicle, or
otherwise produces noises which are unreasonably loud, irritating,
or disturbing, is hereby prohibited and declared to be unlawful as
a sound nuisance in violation of this article.
(Ordinance adopted 12/5/1995,
sec. 2)