The following acts, among others, are declared to be nuisances
in violation of this article, but the enumerations shall not be deemed
to be exclusive:
(1) The
playing of any radio, phonograph, or other musical instrument in such
a manner or with such volume, particularly during the hours between
10 p.m. and 7 a.m., as to annoy or disturb the quiet, comfort, or
repose of persons of ordinary sensibilities in any dwelling, hotel,
or other type of residence.
(2) The
use of any loudspeaker or amplifier of such intensity that annoys
and disturbs persons of ordinary sensibilities in the immediate vicinity
thereof; the use of any loudspeaker or amplifier operated on any weekday
between the hours of 10:30 p.m. and 7 a.m., or at any time on Sunday.
(3) The
keeping of any animal or bird which by causing frequent or long-continued
noise shall disturb the comfort and repose of any person of ordinary
sensibilities in the immediate vicinity.
(4) The
sounding of any horn or signal device on any automobile, motorcycle,
bus, or other vehicle except as a danger or warning signal; the creation
by means of any such signal device of any unreasonably loud or harsh
sound not necessary or for an unreasonable period of time.
(5) The
running of any automobile, motorcycle, or vehicle so out of repair,
so loaded, or in such manner as to create loud or unnecessary grating,
grinding, jarring, or rattling noise or vibrations.
(6) 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.
(7) The
discharge into the open air of the exhaust of any steam engine, stationary
internal combustion engine, motor vehicle, motorcycle, or boat engine
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(8) The
use of any mechanical device operated by compressed air unless the
noise to be created is effectively muffled and reduced.
(9) The
erection, including excavation, demolition, alteration, or repair
work, of any building other than between the hours of 7 a.m. and 6
p.m. on weekdays, except in case of urgent necessity in the interest
of the public safety and convenience, and then only by permit from
the city council, which permit may be renewed by the council during
the time the emergency exists.
(10) 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 institutions, provided conspicuous signs are displayed in
such manner indicating that the same is a school or hospital street.
(11) 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.
(12) The raucous shouting and crying of peddlers, hawkers, and vendors,
which disturb the peace and quiet of the neighborhood.
(13) 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.
(1977 Code, sec. 10-102)
The word “person” as used in this article shall
be construed to impart the singular and plural as the case demands,
and shall include corporations, companies, societies, and associations.
(1977 Code, sec. 10-103)
(a) Definitions.
The following words and phrases, when used
in this section, shall for the purpose of this section have the meanings
respectively ascribed to them in this subsection:
Loudspeaker.
Any device used to amplify or increase in intensity, any
noise, including speaking and music.
Premises.
Any enclosed or unenclosed realty, including city parks,
any building, or part of a building, vehicle, or any part of a vehicle
or conveyance of any type.
(b) Permit required.
No person shall maintain, use, own,
or control within the city on any premises or vehicle one or more
loudspeakers unless a permit to use same at those premises or on that
vehicle has been issued.
(c) Application for permit.
Any person desiring to use a
loudspeaker within the city shall make application with the chief
of police for a permit. The application shall be in writing and shall
contain the following information:
(1) The name and place of residence of applicant.
(2) The legal description and general location of the premises for which
permit is desired, or the route over which a loudspeaker used on a
vehicle is to travel.
(3) The purpose for which the loudspeaker is to be used.
(4) The period of time for which the use is intended.
(5) The application shall be sworn to before an officer authorized to
take oaths.
(d) Investigation; issuance or denial of permit.
The chief
of police shall cause an investigation to be made of the application
and shall consider the application as soon as possible. If he finds
the use will not constitute a nuisance, he shall forthwith issue the
applicant a permit. If he finds that this intended use will constitute
a nuisance, he shall deny the application. If he finds that the intended
use will constitute a nuisance unless certain action is taken by the
applicant, he will direct the applicant to that such action after
which time he will forthwith issue a permit. Each permit will be for
the time period as granted by the chief of police and may be renewed
in the same manner as provided for the original issuance.
(e) Revocation of permit.
If the chief of police finds that
the use of the loud speakers does not conform with the contents of
the permit, he shall revoke the permit. Revocation of a permit shall
terminate all rights created by the permit.
(f) Hearing on permit denial or revocation.
Should the chief
of police deny or revoke a permit, upon written request from the applicant
or former permit holder, the city manager shall cause a hearing to
be had before the city council within not less than 5 days nor more
than 20 days from such written request, the procedure of which shall
be as follows:
(1) The applicant or former permit holder shall be notified of the hearing.
(2) The applicant or former permit holder and the chief of police shall
be afforded the opportunity to present evidence at the hearing and
be in all other respects heard.
(3) If after full hearing the city council finds that the intended use
will not constitute a nuisance, then it will order the chief of police
to issue a permit.
(4) If after full hearing the city council finds that the intended use
will constitute a nuisance, then it shall affirm the action of the
chief of police in denial or revocation of the permit.
(5) If after full hearing the city council finds that the intended use
will constitute a nuisance unless certain action is taken by the applicant
or former permit holder, then it shall direct the chief of police
to issue a permit after such action has been taken.
(6) Any directive by the city council to the chief of police to issue
a permit shall additionally set forth the term period of the permit.
(Ordinance 86-13 adopted 7/15/86)
It is unlawful for any person to operate a radio, tape player,
or other mechanical soundmaking device from within a motor vehicle
on a street or highway in the city so that the sound is plainly audible
at a distance of 100 feet or more from the motor vehicle. It shall
be presumed that the driver of any vehicle being operated on a street
or highway is the operator of the soundmaking device. The following
exceptions shall apply:
(1) The
provisions of this section shall not apply to any law enforcement
motor vehicle equipped with any communication device necessary in
the performance of law enforcement duties or to any emergency vehicle
equipped with any communication device necessary in the performance
of any emergency procedures.
(2) The provisions of this section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use a soundmaking device or those vehicles which are subject to the permitting provisions of section
8.03.004.
(3) The
provisions of this section do not apply to the noise made by a horn
or other warning device required or permitted by state law.
(Ordinance 2002-01 adopted 1/8/02)