The creation of any unreasonable loud, disturbing and unnecessary
noises in the city is hereby prohibited. Noises of such character,
intensity and duration as are reasonably calculated to be detrimental
to the life or health of any ordinary reasonable person are hereby
prohibited.
(Ordinance 390, sec. II (12-46),
adopted 6/19/01)
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this article; provided, however,
that such enumeration shall not be construed to be exclusive of other
noises:
(1) The
playing of any radio, phonograph, amplifier, loudspeaker or any musical
instrument in such manner or with such volume as to create a noise
such as reasonably calculated to disturb a person of ordinary disposition
under the same or similar circumstances residing in a dwelling or
other type of residence in the vicinity.
(2) The
use of any motor vehicle so out of repair, so loaded or operated in
such manner as to create loud or unnecessary noises such as spinning
or squealing tires, grating, grinding, rattling or other noise.
(3) The
discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle or boat engine except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
(4) The
use of any mechanical device operated by compressed air or otherwise,
except pneumatic drills, unless the noise thereby created is effectively
muffled and reduced.
(5) The
erection (including excavation), demolition, alteration, or repair
of any building in a residential or business district other than between
daylight and dark except in case of urgent necessity in the interest
of public safety, and then only with a permit from the chief of police,
which permit may be renewed for a period of three (3) days or less
[during] which the emergency continues.
(6) The
creation of any excessive noise on any street adjacent to any school,
institution of learning, or court while the same is in session which
unreasonably interferes with the working of such institution, provided
conspicuous signs are displayed in such street indicating that the
same is a school or court street.
(7) The
creation of loud and excessive noise in connection with the loading
or unloading of any vehicle or the opening and destruction of bales,
boxes, crates, and containers.
(8) The
use of any drum, loudspeaker or other instrument or device for the
purpose of attracting attention by creation of noise to any performance,
show or sale of merchandise.
(9) The
use of loudspeakers or amplifiers on any vehicle.
(10) Yelling, shouting, hooting, whistling, or singing on the public streets
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.
(11) 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.
(Ordinance 390, sec. II (12-47),
adopted 6/19/01)
(a) Any person who violates any of the provisions of this article is guilty of a misdemeanor, and upon conviction shall be fined as provided in section
1.01.009; however, no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day’s violation of this article shall constitute a separate and distinct offense.
(b) In
the event that a violation of this article occurs, and the violator
is a corporation, then the president, vice-president, secretary, and
treasurer of such corporation, or any manager, agent or employee of
such corporation shall be also severally liable for the penalties
herein provided.
(c) The
imposition of a fine for a violation of this article is in addition
to any other remedy available at law.
(Ordinance 390, sec. II (12-48),
adopted 6/19/01)