Excessive, unnecessary or annoying noise can jeopardize the health and welfare of the citizens and degrade the quality of life. Therefore, it is hereby declared to be the policy of the City to prohibit unnecessary, excessive, or annoying noises from all sources subject to its police power.
(Prior code § 2122)
Notwithstanding any other provision of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this Section exists shall include, but not be limited to the following:
A. 
The intensity of the noise;
B. 
Whether the nature of the noise is usual or unusual;
C. 
Whether the origin of the noise is artificial or from a natural phenomenon;
D. 
The intensity of the background noise, if any;
E. 
The proximity of the noise to residential sleeping facilities;
F. 
The nature and zoning of the area within which the noise emanates;
G. 
The density of the inhabitation of the area within which the noise emanates;
H. 
The time that the noise occurs;
I. 
The duration of the noise;
J. 
Whether the noise is recurrent, intermittent, or constant; and
K. 
Whether the noise is produced by a commercial or noncommercial activity.
(Prior code § 2123)
The following acts are specifically declared to be loud, disturbing and unnecessary noises and are restricted as set forth herein:
A. 
Animals and Fowl. It shall be unlawful for any person to keep or maintain, or permit the keeping of any animal or fowl otherwise permitted to be kept which, by any frequent or long continued sound, cry, or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitivity in any residential zone.
B. 
Radios, Television Sets, and Similar Devices. It shall be unlawful for any person within any residential zone of the City, as defined in Chapter 17.004, to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproduction of sound in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitivity residing in the area.
C. 
Hawkers and Peddlers. It shall be unlawful for any person within the City to sell anything by outcry within any area of the City zoned for residential uses. The provisions of this Section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events.
D. 
Drums. It shall be unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the City. This Section shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage in such conduct.
E. 
Construction of Buildings and Projects. It shall be unlawful for any person within a residential zone, as defined in Chapter 17.004, or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hose, or any other construction type device, between the hours of 9:00 p.m. of one day and 7:00 a.m. of the next day, in such a manner that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the Fire Marshal/Building Official. No permit shall be required to perform emergency work which is hereby defined to mean work necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.
F. 
Vehicle Repairs. It shall be unlawful for any person within any residential zone of the City, as defined in Chapter 17.004, to repair, rebuild, or test any motor vehicle in such a manner that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance.
G. 
Loading and Unloading. It shall be unlawful for any person within the City to create loud or excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers that causes annoyance or discomfort to a reasonable person of normal sensitivity in any residential zone.
H. 
Vehicles and Motorized Refrigeration Systems. It shall be unlawful for any persons to leave vehicle engines running or motorized refrigeration systems running between the hours of 10:00 p.m. and 6:00 a.m., so as to disturb the peace, quiet, and comfort of any reasonable person of normal sensitivity residing in the area.
(Prior code § 2124)
Notwithstanding any other provision of this Chapter, any noise emanating from a safety device required by law shall not be deemed a violation of this Chapter.
(Prior code § 2125)
The first two violations of any of the provisions of this Chapter shall be deemed to be an infraction and punishable as provided by law. Thereafter, violations may, in the discretion of the City Attorney, be deemed to be a misdemeanor and, upon conviction thereof, shall be punishable by a fine in an amount not exceeding $500.00, or by imprisonment in the City or County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(Prior code § 2126)
As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this Chapter, which operation or maintenance cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Prior code § 2127)
A. 
Where a Police Officer has a right to enter or be present in or at any place, public or private, in the performance of official law enforcement duties, any dog, and the handler of any dog, used by the Police Department in the performance of official duties, shall have the right to enter or be present in or at any such place.
B. 
It shall be unlawful for any person to willfully torture, tease, torment, beat, interfere with, kick, strike, mutilate, injure, disable, or kill any police dog used by any police agency in the performance of its functions and duties.
C. 
Police dogs are not subject to the provisions of Section 6.04.020 of this Code, while engaged in the performance of official law enforcement duties.
(Prior code § 2128)