Clearly Audible.
Sound that can be heard without the assistance of a device.
Construction.
Any phase of the on-site erection or removal, including, but not limited to, excavation, demolition, alteration, or repair of a building or structure conducted on that site.
Daytime.
The daylight hours from one-half hour before sunrise to one-half hour after sunset with exact times of sunrise and sunset as designated by the U.S. Naval Observatory for this regional time zone.
Immediate Vicinity.
A distance within 100 feet of the noise source, or an area within the property line of the parcel or lot upon which the source of noise is emanating; whichever is the greater distance from the noise source.
Nighttime.
The dark hours from one-half hour after sunset to one-half hour before sunrise with exact times of sunrise and sunset as designated by the U.S. Naval Observatory for this regional time zone.
Noise Disturbance.
Any sound which annoys or disturbs, or which causes or tends to cause an adverse psychological or physiological effect upon the sensibilities of a reasonable, prudent, adult person; any unreasonably loud or disturbing noise which is offensive to the sensibilities of a reasonable, prudent, adult person; and any unreasonably loud or disturbing noise which renders the enjoyment of life or property uncomfortable or interferes with public peace and comfort.
Residential.
Any property used for temporary or permanent dwelling purposes.
Unreasonable Noise.
A loud, disturbing, or raucous sound which:
(1) 
Causes distress, discomfort, or injury to persons of ordinary sensibilities;
(2) 
Which causes or tends to cause an adverse psychological or physiological effect on humans; or
(3) 
Which annoys or disturbs the quiet, comfort, or repose of a person of ordinary sensibilities.
(Ordinance 3110 adopted 3/14/11)
(a) 
An unreasonable noise is declared to be a nuisance and is prohibited.
(b) 
A person commits an offense if the person makes or causes to be made an unreasonable noise within the city.
(Ordinance 3110 adopted 3/14/11)
Unreasonable noises in violation of this article, include, but are not limited to:
(1) 
Noise-producing devices.
The use of a device to produce or reproduce sound, electronically, mechanically, or otherwise, in a manner or with such volume or intensity that it annoys or disturb the quiet, comfort, or repose of a person of ordinary sensibilities in a dwelling, hotel, or other type of residence.
(2) 
Sound amplifiers.
The use of a mechanical or electronic sound amplifier in a residential area between the hours of 10:00 p.m. and 7:00 a.m. on any day.
(3) 
Animals and birds.
The keeping of an animal or bird, which by causing frequent or long continued noise, disturbs the comfort and repose of a person of ordinary sensibilities in the immediate vicinity.
(4) 
Horns or other signal devices on vehicles.
Permitting an unreasonably loud, harsh, or prolonged sounding of a horn, alarm, or other signal device on a vehicle, unless:
(A) 
Necessary to ensure safe operation as authorized by state law, or
(B) 
Caused by mechanical failure beyond the operator’s control and the operator takes all reasonable measures to stop the noise made by the horn, alarm, or other device.
(5) 
Operation of vehicles in disrepair.
The operation of an automobile, motorcycle, or other vehicle so out of repair or loaded in such manner as to create loud or raucous grating, grinding, jarring, or rattling noises or vibrations that disturbs the comfort and repose of a person of ordinary sensibilities in the immediate vicinity.
(6) 
Exhaust without mufflers.
The discharge into the open air of the exhaust of any internal combustion engine or motor vehicle or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises, or the running of any motor or engine without a muffler which causes loud noise that annoys or disturbs the comfort and repose of persons of ordinary sensibilities in the immediate vicinity.
(7) 
Loading and unloading vehicles.
The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or trailer, or the opening and destruction of bales, boxes, crates, and containers.
(8) 
Motorcycles.
The use of any motorcycle, motorbike, dirt bike, or any other type of all-terrain vehicle in a manner or in a place that annoys or disturbs the quiet, comfort, or repose of persons of ordinary sensibilities in the immediate vicinity.
(9) 
Devices.
The use of any radio, television set, musical instrument, loudspeaking amplifiers and similar device in a manner or in a place that annoys or disturbs the quiet, comfort, or repose of persons of ordinary sensibilities in the immediate vicinity.
(A) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound within a residential district or quiet zone, or within five hundred feet (500') of any residence or quiet zone, in such a manner as to cause a noise disturbance. Furthermore, any such activity shall create a noise disturbance per se if conducted between the hours of 7:00 p.m. and 7:00 a.m.
(B) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound within a nonresidential area in such a manner as to cause a noise disturbance.
(C) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device that produces or reproduces sound for the purpose of attracting attention to any cause or demonstration, or to any performance, show, sale or display of merchandise so as to attract attention to such cause, demonstration or premises when such use is done in a manner which causes a noise disturbance.
(D) 
The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio, receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device on trucks or other moving vehicles for the purpose of attracting attention to any cause or demonstration, or for advertising any show, sale or display of merchandise when such use is done in a manner which causes a noise disturbance.
(10) 
Vehicular sound amplification systems. Operating or controlling a motor vehicle in either a public or private place within the town and operating any sound device which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device in the motor vehicle, in such a manner that, when operated, it is audible at a distance of thirty feet (30'), or when operated, causes a person to be aware of the vibration accompanying the sound at a distance of thirty feet (30') from the source when such operation is done in a manner which causes a noise disturbance.
(11) 
Construction work.
Engaging in construction other than during the daytime, Monday through Sunday, except in case of urgent necessity in the interest of public safety and convenience, and then only by permit from the mayor.
(12) 
Near schools or hospitals.
The creation of a loud and raucous noise on a street adjacent to a school or institution of learning that is in session, or adjacent to a hospital, nursing home, or assisted living home.
(13) 
Trash pickup.
Conducting commercial or industrial trash or waste pickup within 1,000 lineal feet of a residential dwelling during the nighttime.
(14) 
Commercial noise.
Operating, as part of a business, equipment or machinery, including but not limited to, combustion engines, fans, blowers, grinders, welders, loaders, washers, winches, lifts, and hoists, whether independent or attached to a motor vehicle, during the nighttime within 1,000 lineal feet of any residential dwelling. This provision does not apply to the operation of a gin.
(Ordinance 3110 adopted 3/14/11)
Section 8.1402 does not apply to the following activities:
(1) 
Athletic, musical, or cultural activities or events, including practices and rehearsals, conducted by or under the auspices of public or private schools;
(2) 
Sounds created while conducting daytime yard work or lawn maintenance during the daytime, including, but not limited to, lawn mowing, leaf blowing, brush clearing, and use of chainsaws;
(3) 
Sounds created as a part of new construction, remodeling, or maintenance activities on a building or structure during the daytime, excluding Sundays, or new construction, remodeling or maintenance activities indoors on Sunday during the daytime and which do not produce any clearly audible noise outside of the immediate vicinity;
(4) 
Sounds created during construction, maintenance, or repairs conducted by or on behalf of a governmental entity providing basic utility services or roadway projects approved by the city council;
(5) 
Sounds created by agricultural operations when the operations are related to activities directly associated with agricultural business, including raking, baling, plowing, planting, harvesting, milking, feeding, and mowing; and traffic flow;
(6) 
Sounds created by railroad traffic and typical roadway noises from vehicles.
(Ordinance 3110 adopted 3/14/11)
The city council may authorize a variance to any restriction set forth in this article. Before granting a variance, the city council must determine that a literal enforcement of this article would create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this article. A person may request a variance from this article by filing the request with the director of public works.
(Ordinance 3110 adopted 3/14/11)
Any person found guilty of violating any of the provisions of this article shall be fined in accordance with the general penalty provision found in Section 1.109 of this code, and each and every violation of the various provisions of this article shall constitute a separate offense, as shall each day that violation continues.
(Ordinance 3110 adopted 3/14/11)