It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city and the city parks.
(Ordinance adopted 11/4/86, sec. I(A); 1989 Code, sec. 8-61)
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but such enumeration shall not be deemed to be exclusive, namely:
(1) 
Radios, phonographs and similar devices.
The using, operating or permitting to be played, used or operated 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 or persons who are in the park, pavilion, or vehicle in which such machine or device is operated and who are voluntary listeners thereto is prohibited. The operation of any such set, instrument, phonograph, machine or device between the hours of midnight and 7:00 a.m. on weekdays and 2:00 a.m. to 7:00 a.m. on Sundays, in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this subsection.
(2) 
Yelling, shouting, etc.
Yelling, shouting, hooting, whistling, or singing in the city park, particularly between the hours of 12:00 midnight 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, is prohibited.
(Ordinance adopted 11/4/86, sec. I(B); 1989 Code, sec. 8-62)
Engine braking shall mean any method of slowing a vehicle in a manner that produces a loud noise, particularly by use of an engine exhaust braking system or by venting the cylinder of the diesel engine midway through its cycle causing the engine, instead of producing power, to absorb power, thereby slowing the truck down dramatically. It shall also include the production of excessive noise produced by engine retarders due to a truck operating with improperly maintained, defective, or modified muffler systems or the use of straight exhaust pipes with no mufflers.
(Ordinance adopted 8/20/07; 1989 Code, sec. 8-71)
Engine braking is prohibited within the corporate limits of the city.
(Ordinance adopted 8/20/07; 1989 Code, sec. 8-72)
(a) 
It shall be a defense to prosecution for violation of section 8.04.032 that the vehicle was an emergency vehicle engaged in the performance of its duties.
(b) 
It shall be a defense to prosecution for violation of section 8.04.032 that operation of the engine braking system was required due to failure of the vehicle’s wheel brake systems in order to avert imminent danger, damage to property or injury to a person.
(Ordinance adopted 8/20/07; 1989 Code, sec. 8-73)
(a) 
The city shall have the power to administer and enforce provisions of this division as may be required by governing law. Any person violating any provision of this division is subject to suit for injunctive relief as well as prosecution for criminal violations.
(b) 
Any person violating any provision of this division shall be guilty of a class C misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this division is violated shall constitute a separate offense. An offense under this division is a misdemeanor.
(c) 
Nothing in this division shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this division and to seek remedies as allowed by law, including but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this division or to require specific conduct that is necessary for compliance with this division;
(2) 
A civil penalty up to one hundred dollars ($100.00) a day when it is shown that the defendant was actually notified of the provisions of this division and after receiving notice committed acts in violation of this division or failed to take action necessary for compliance with this division; and
(3) 
Other available relief.
(Ordinance adopted 8/20/07; 1989 Code, sec. 8-74; Ordinance adopting 2016 Code)