(a) Any
unreasonably loud, disturbing, unnecessary noise which causes material
distress, discomfort or injury to persons of ordinary sensibilities
in the immediate vicinity thereof is hereby declared to be a nuisance
and is prohibited.
(b) Any
noise of such character, intensity and continued duration as to substantially
interfere with the comfortable enjoyment of private homes by persons
of ordinary sensibilities is declared to be a nuisance and is prohibited.
(1978 Code, secs. 16-9, 16-10)
The following acts, among others, are declared to be nuisances
in violation of this article, but such enumeration shall not be deemed
to be exclusive:
(1) Radios, phonographs, etc.
The playing of any radio,
phonograph or other musical instrument in such a manner or with such
volume, particularly during the hours between 10:00 p.m. and 7:00
a.m. as to annoy or disturb the quiet, comfort, rest, sleep or repose
of persons of ordinary sensibilities in any dwelling, hotel or other
type of residence.
(2) Stationary loudspeakers or amplifiers.
The use of any
stationary loudspeaker or amplifier of such intensity that it annoys
and disturbs persons of ordinary sensibilities in the immediate vicinity
thereof or the use of any stationary loudspeaker or amplifier operated
on any weekday between the hours of 10:30 p.m. and 7:00 a.m. or at
any time on Sunday.
(3) Animals and birds.
The keeping of any animal or bird
which by causing frequent or long-continued noise shall disturb the
comfort and repose of persons of ordinary sensibilities in the immediate
vicinity.
(4) Horns and signal devices on automobiles, etc.
The continued
or frequent sounding of any horn or signal device of any automobile,
motorcycle, bus or other vehicle, except as a danger or warning signal,
or the creation by means of any such signal device of any unreasonably
loud or harsh noise for any unnecessary and unreasonable period of
time, so as to disturb persons of ordinary sensibilities in the immediate
vicinity.
(5) Steam whistles on stationary boilers.
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,
so as to disturb persons of ordinary sensibilities in the immediate
vicinity.
(6) Discharge of exhaust from engines.
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,
so as to disturb persons of ordinary sensibilities in the immediate
vicinity.
(7) Noise near school, etc.
The creation of any excessive
noise on any street adjacent to any school or institution of learning
while the same is in session or adjacent to any hospital which unreasonably
interferes with the workings of such institution, provided conspicuous
signs are displayed in such manner indicating that the same is a school
or hospital street, so as to disturb persons of ordinary sensibilities
in the immediate vicinity.
(8) Loading and unloading operations; opening, etc., of bales, etc.
The creation of any 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, so as to disturb persons of
ordinary sensibilities in the immediate vicinity.
(9) Shouting and crying of peddlers, etc.
The raucous shouting
and crying of peddlers, hawkers and vendors, which disturb the peace
and quiet of the neighborhood.
(10) Drums, etc., calling attention to performance, show or sale.
The use of any drum, loudspeaker or other instrument or device
for the purpose of attracting attention by the creation of noise to
any performance, show or sale of merchandise, so as to disturb persons
of ordinary sensibilities in the immediate vicinity.
(1978 Code, sec. 16-11)
It shall be unlawful for any person to drive and operate or
park upon any street or alley in the city a vehicle of any kind equipped
with a loudspeaker, amplifier or any other kind of sound equipment,
and use such vehicle, amplifier or sound equipment for advertising
purposes of any kind; however, nothing herein shall be construed as
prohibiting the city from issuing a permit to use such vehicles equipped
with loudspeakers or amplifiers at public and/or political assemblies.
(1978 Code, sec. 16-12)
It shall be unlawful for any person to connect a loudspeaker
or amplifier of any kind to a radio, television or record-playing
machine or to any kind of machine which produces or reproduces sound
of any kind and, when so connected, place said loudspeaker or amplifier
on any building or vacant lot in the city, or place the same inside
of any such building near an entrance or window or any opening in
said building, or place such loudspeaker or amplifier on the sidewalk
or in the street in front of any building or alongside of any building
or vacant lot, and use or permit such loudspeaker or amplifier to
be used to produce or reproduce sounds of any kind for the purpose
of advertising, entertaining or for any other purpose. Nothing herein
shall be construed as prohibiting the playing of a radio, television
or record-playing machine when not connected with a loudspeaker or
amplifier in any building or on any vacant lot in the city.
(1978 Code, sec. 16-13)
It shall be unlawful for any person to play upon any kind of
musical instrument upon any of the streets or sidewalks or the public
square, of the city, unless a parade or assembly permit has been obtained
as required in this code.
(1978 Code, sec. 16-14)
It shall be unlawful for any person to drive along or upon any
public street or alley in the city any vehicle, which is loaded with
iron or other material likely to produce a great or annoying sound,
without using proper deadening substances to prevent noises annoying
to persons of ordinary sensibilities within one hundred fifty (150)
feet of such vehicle.
(1978 Code, sec. 16-15)