The creation of any unreasonable, loud, disturbing, and unnecessary
noises in the city is hereby prohibited. An unreasonable, loud, disturbing
or unnecessary noise is defined as any noise broadcast in such a manner
that it is disturbing to a person of ordinary disposition who is subject
to said noise.
(Ordinance 155-13 adopted 5/9/13)
The following acts, among others, are declared to be loud, disturbing,
and unnecessary noises in violation of this article; provided, however,
that such enumeration should not be construed to be exclusive to other
noises, to-wit:
(1)
Radios, televisions, phonographs, and musical instruments.
The playing of any radio, television, phonograph, or any musical
instrument in such a manner, or with such volume so 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 or place of business in the vicinity,
shall be deemed a violation of this article.
(2)
Automobiles and motorcycles.
The use of any automobile,
motorcycle, or other vehicle so out of repair, or loaded, or operated
in such a manner as to create loud or unnecessary noises (such as
spinning or squealing tires, grating, grinding, rattling, engine braking
or "Jake" braking, or other noises) shall be deemed a violation of
this article.
(3)
Exhaust discharges.
The discharge into the open air
of the exhaust of any 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,
shall be deemed as unnecessary noise and a violation of this article.
(Ordinance 155-13 adopted 5/9/13; Ordinance
265-23 adopted 3/27/2023)
Any person, firm or corporation violating any provision of this
article shall be found guilty of a class C misdemeanor and anyone
convicted of said violation shall be fined in any sum not to exceed
$500.00 per separate offense. Each occurrence in violation of any
of the provisions hereof shall be deemed a separate offense.
(Ordinance 155-13 adopted 5/9/13)
(b)
The
application, application fee ($25.00) and fees for publication must
be received three weeks prior to the event. The variance application
must be approved by the fire marshal and police department. A notice
of the variance request will be published in a local newspaper to
seek public comments before city council will act upon the request.
(c)
Any
event in which a noise variance request was not submitted is subject
to immediate closure by the police department. Any event in which
the noise variance request was applied for and subsequently denied
is subject to immediate closure by the police department.
(Ordinance 206-18 adopted 9/10/18)
