[Amended 3-20-2017 by Ord. No. 214; 7-7-2020 by Ord. No. 237]
Any sound or combination of sounds at decibel levels or of a
duration that is or may be harmful or injurious to human health and
welfare is an injurious noise and is prohibited. Any sound that interferes
with the enjoyment of life or property of a reasonable person with
normal sensibilities is an unnecessary noise and is prohibited, and
it is unlawful to cause them or allow them to continue.
(a)
The following sounds, among others, are declared to be unnecessary noises, in violation of § 10-601, but such enumeration shall not be deemed to be exclusive, namely:
(a)
Horns or Signal Devices. The sounding of any horn or signal device
of any automobile, motorcycle, bus, go-cart, or other vehicle, whether
or not in motion, except when necessary to give warning of threatened
collision with another vehicle or with a pedestrian; provided, however,
that nothing herein contained shall be deemed to apply to emergency
vehicles, including, but not limited to, ambulances, Police Department
motorcycles, automobiles and vehicles, and Fire Department automobiles,
apparatus and vehicles.
(b)
Humans, Electronics and Devices With the Sole Purpose of Generating
Noise.
(1)
Any sound from any human voice, social or business gathering,
or event in the City, radio, phonograph, stereo, musical instrument,
whistle, air horn, electronic communication device, drum, loudspeaker,
mechanical loudspeaker, amplifier or other device with the sole purpose
of generating sound, if:
(2)
Such sounds are excepted from the prohibition if they occur:
(c)
Construction and Repair.
(1)
Any sound that is plainly audible to any person on any other
property and is associated in any manner with construction, erection,
excavation, demolition, alteration, repair, hammering, sawing, sanding,
blasting, pounding, operation of any tractor, truck, bulldozer, grader,
cement mixer, plaster mixer, power generator, testing equipment, other
machinery, motor, equipment or tool activity of any kind or nature
if:
(2)
Such sounds are excepted from the prohibition if they occur:
a.
From 7:00 a.m. to 8:00 p.m. on Monday, Tuesday, Wednesday, and
Thursday;
b.
From 7:00 a.m. to 5:00 p.m. on Friday;
c.
From 9:00 a.m. to 5:00 p.m. on Saturday; and
d.
Notwithstanding the foregoing provisions, sounds within this
section are not excepted if such sounds occur on Sunday or any federal
legal holiday.
(d)
Loading and Unloading Operations. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle.
(e)
Bells and Gongs. The sounding of any bell or gong which disturbs
the quiet or repose of reasonable persons in the vicinity thereof,
except that bells shall be permitted in conjunction with weekly, regularly
scheduled worship services and shall be permitted in conjunction with
occasional special services, including late-night services, so long
as no bells are caused or permitted to sound for a duration in excess
of three minutes.
(f)
Hawkers and Peddlers. The shouting and crying of peddlers, hawkers
and vendors which unreasonably disturbs the quiet and peace of the
neighborhood. It shall be unlawful for any huckster to cry aloud and
announce the sale of wares or merchandise upon any of the public streets
of the City.
(g)
Loudspeakers or Amplifiers. The use of mechanical loudspeakers or
amplifiers on trucks or other moving vehicles, or stationary stands
for advertising, demonstration, or any other similar purpose.
Even if otherwise prohibited under this article, powered lawn
mowers, lawn-edging equipment, leaf blowers, weed trimmers, power
saws, and rotary tillers may be operated by property owners and their
agents if such related sound occurs:
No person shall keep or harbor any animal that continuously, repeatedly, or persistently creates at any time a sound of any type that meets the criteria of § 10-602. Such sound shall be an unnecessary noise and shall be prohibited. It shall be presumed that the owner or custodian of any animal who is left unattended failed to take such action as may be necessary to keep such animal from causing an unnecessary noise if in fact such animal causes an unnecessary noise. It shall be further presumed that the owner or custodian of any animal failed to take such action as may be necessary to keep such animal from causing an unnecessary noise, if such owner or custodian has twice been previously advised in writing that such animal is causing an unnecessary noise.
It is unlawful for any property owner, or other person with
permanent or temporary control, occupancy, or possession of property,
to allow or permit a person or animal or group of persons or animals
to create an unnecessary noise as defined in this article. The property
owner, or other such person with permanent or temporary control, occupancy,
or possession of property, shall be responsible for abatement of unnecessary
noises occurring on that property, and failure to do so shall be a
violation of this article.
(a)
The Mayor or his designee may, upon advance request, grant a specific
exception license for a single or repeated event with respect to the
prohibitions of this article, but it shall be subject to such conditions
as he or she deems appropriate. The Mayor or his or her designee may
require as a condition, among others, that the applicant secure prior
written approval of adjacent residents or such other persons as the
Mayor deems appropriate.
(b)
Nothing in this article shall prohibit noise that is a necessary
accompaniment to public safety functions, including security alarms
and emergency repair functions by public utilities or other contractors,
and to equipment associated with air conditioning, pool maintenance,
snow removal, or emergency repair equipment.
Anyone causing an injurious noise or an unnecessary noise or
anyone failing to immediately abate an unnecessary noise after being
requested by law enforcement authorities to do so shall be ticketed
by law enforcement for violation of this article. Upon a first conviction
for a violation of this article, the court shall assess a fine of
not less than $50 and/or up to one month in jail. Upon a second conviction,
the court shall assess a fine of not less than $150 and/or up to one
month in jail. Upon a third or subsequent conviction, the court shall
assess a fine of not less than $250 and/or up to one month in jail.
No prior conviction shall be considered in determining the penalty
to be assessed if 24 months have elapsed between the date of the violation
and the date of the conviction next immediately preceding the sentencing
date. Each occurrence of a violation, or in the case of a continuous
violation each day a violation occurs or continues, constitutes a
separate offense and shall be punishable as such hereunder.
