The following acts are hereby prohibited:
A. 
Radios, Television Sets, Musical Instruments, and Similar Devices. Operating, playing, or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound in such a manner as to create a noise disturbance, except for activities for which a variance has been issued by the noise control officer;
B. 
Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device such that the sound therefrom creates a noise disturbance, except for any activity for which a variance or permit has been issued by the noise control officer;
C. 
Yelling and Shouting. Loud or raucous yelling, shouting, whistling, or singing so as to cause a noise disturbance;
D. 
Street Sales. The solicitation, sale, or advertising of any product or service by shouting or outcry within any residential or commercial area or noise sensitive zone of the city, except by variance issued by the noise control officer;
E. 
Animals. Keeping or maintaining, or permitting to be kept or maintained, upon any premises owned, occupied, or controlled by any person any animal which, by any frequent or long continued noise, shall cause annoyance or discomfort to two or more reasonable persons of normal sensitiveness who reside in separate residences (including apartments and condominiums). However, the noise control officer or his or her agent may proceed on the basis of a complaint of only one person if circumstances are determined to exist whereby a noise disturbance caused by an animal affects only one individual. Any noise which is audible continuously for ten minutes or intermittently for thirty minutes shall be prima facie evidence of such annoyance or discomfort.
Factors which can be used to evaluate excessive animal noise include, but are not limited to: (1) the time of day; (2) the pitch; (3) the pattern; (4) the duration; and (5) the frequency of occurrence;
F. 
Loading and Unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause a noise disturbance across a residential real property line;
G. 
Construction or Demolition.
1. 
Hours of Operation. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of seven p.m. and seven a.m. (or eight p.m. and nine a.m. on weekends or holidays) such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work or public service utilities or by variance issued by the noise control officer; and
2. 
Noise Restrictions at Affected Properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum sound levels at affected properties will not exceed those listed in the following schedule:
i. 
Mobile Equipment. Maximum sound levels for nonscheduled, intermittent, short-term operation (less than ten days per month) of mobile equipment:
 
R-1 and R-2 Residential
R-3 and above Multifamily Residential
Commercial and Industrial
Daily 7:00a.m. to 7:00p.m.
75 dBA
80 dBA
85 dBA
Weekends 9:00a.m. to 8:00p.m. and legal holidays
60
65
70
ii. 
Stationary Equipment. Maximum sound levels for repetitively scheduled and relatively long-term operation (periods of ten days or more per month) of stationary equipment:
 
R-1 and R-2 Residential
R-3 and above Multifamily Residential
Commercial and Industrial
Daily 7:00a.m. to 7:00p.m.
60 dBA
65 dBA
70 dBA
Weekends 9:00a.m. to 8:00p.m. and legal holidays
50
55
60
H. 
Vibration. Operating or permitting the operation of any device which creates a vibration which annoys or disturbs at least two or more reasonable persons of normal sensitivity who reside in separate residences (including apartments and condominiums) at or beyond the property boundary of the source if on private property or at least one hundred fifty feet (forty-six meters) from the source if on a public space or public right-of-way;
I. 
Motor Vehicle Noise Limits.
1. 
Motor Vehicles. It shall be the policy of the city to enforce those sections of the Vehicle Code of the state regarding motor vehicle noise limits and equipment violations which create noise problems, motor vehicle horns, sound levels emitted from off-highway vehicles operating off the public right-of-way, and successors thereof.
Commercial maintenance equipment and machinery shall be equipped with proper mufflers and air intake silencers in good working order.
2. 
Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of six p.m. and five a.m. of the following day in a residential area.
3. 
Vehicle, Motorboat, and Aircraft Repairs and Testing. No person shall repair, rebuild, modify, or test any motor vehicle, motorboat, or aircraft in such a manner as to create a noise disturbance across a residential real property line or at any time to violate the provisions of this chapter;
J. 
Emergency Signaling Devices.
1. 
The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing as provided in subsection 2 of this subsection;
2. 
a. 
Testing of a stationary emergency signaling device shall not occur before seven a.m. or after seven p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds; and
b. 
Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in subsection (2)(a) of this subsection shall not apply to such complete system testing; and
3. 
Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within fifteen minutes after any single security violation or false alarm;
K. 
Domestic power tools, machinery, heating, venting, or air-conditioning (HVAC) equipment.
1. 
Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten p.m. and seven a.m. on weekdays (or eight p.m. and nine a.m. on weekends and legal holidays) so as to create a noise disturbance across a residential or commercial real property line; and
2. 
Any motor, machinery, or pump, such as swimming pool or HVAC equipment and the like, installed or replaced after October 11, 1984, shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance across a residential or commercial real property line;
L. 
Places of Entertainment. Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound which exceeds ninety-five dBA as read on the scale of a sound level meter in any place of public entertainment at any point normally occupied by a customer without a conspicuous and legible sign stating "Warning! Sound Levels Within May Cause Hearing Impairment"; and
M. 
Tampering. The removal or rendering inoperative, other than for purposes of maintenance, repair, or replacement of any noise control device, or element thereof, of any product required to meet specified noise emission limits under federal, state, or local laws and the use of such product after its noise control device has been removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement.
(Ord. 90-03 §1, 1990)
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency; or
B. 
The emission of sound in the performance of emergency work.
(Ord. 90-03 §1, 1990)
A. 
Warning Devices. Warning devices necessary for the protection of the public safety, as, for example, police, fire, and ambulance sirens, shall be exempted from the provisions of this chapter.
B. 
Outdoor Activities. The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events provided such events are conducted pursuant to a permit or license issued by the city relative to the staging of such events.
C. 
Agricultural Operations. All mechanical devices, apparatus, or equipment associated with acceptable agricultural operations or practices conducted on agricultural property shall be exempt from the provisions of this chapter. If, however, the operation is in the vicinity of residential land uses, and/or in operation for less than one year, a variance permit shall be required to operate noise producing devices, with the following conditions:
1. 
That operations do not take place between eight p.m. and five a.m.; or
2. 
That such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or
3. 
That such operations and equipment are associated with agricultural pest control through pesticide applications provided the applications are made in accordance with permits issued by or regulations enforced by the county agricultural commission; and
4. 
That such devices utilized for pest control which incorporate stationary or mobile noise sources (electromechanical bird scare devices and the like) are operated only by a permit issued by the noise control officer. The allowable hours and days for the operation of such devices will be specified in the permit; and
5. 
That all equipment and machinery powered by internal combustion engines shall be equipped with a proper muffler and air intake silencer in good working order.
(Ord. 90-03 §1, 1990)