(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, or continued duration which substantially interferes with the comfortable enjoyment of private homes, places of business, or places of worship by persons of ordinary sensibilities is hereby declared to be a nuisance, and is prohibited.
(1977 Code, sec. 10-101)
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)