It shall be unlawful for any person to make or continue, or
cause to be made or continued, any unreasonably loud, disturbing,
or unnecessary noise, which causes material distress, discomfort,
or injury to persons of ordinary sensibilities in the vicinity thereof,
or any noise of such character, intensity and duration, which substantially
interferes with the peaceful and comfortable enjoyment of public areas,
private homes, or businesses. Such noises are hereby declared to be
a nuisance. The following acts, among others, are declared to be unreasonably
loud, disturbing, and unnecessary noises in violation of this article,
but said enumeration shall not be deemed to be exclusive:
(1) Horns
or other signaling devices.
The continued or frequent
sounding of any horn or signaling device on any automobile, motorcycle,
bus, or other vehicle, on any street or public place of the city,
except as a danger warning; the creation by means of any signaling
device of any unreasonably loud or harsh sound; and the sounding of
any device for an unnecessary and unreasonable period of time.
(2) Animals,
birds, etc.
The keeping of any animal or bird, which,
by causing frequent or long-continued noise, shall disturb the comfort
or repose of any persons in the vicinity.
(3) Exhausts.
The discharge into the open air of the exhaust of any steam
engine, internal combustion engine or motor vehicle except through
a muffler or other device, which will effectively prevent loud or
explosive noises therefrom; provided, however, this term shall not
include landings and takeoffs in traffic patterns during the normal
operation of general aviation aircraft operation.
(4) Sound
amplification systems.
A sound amplifier which is part
of or connected to a radio, stereo receiver, compact disc player,
cassette tape player or similar device attached to a motor vehicle
operated at such a volume that it causes material distress, discomfort
or injury to persons of ordinary sensibilities in the vicinity thereof.
If the sound is an annoyance or inconvenience to a reasonable person,
at a distance of 30 feet or greater from the source, or causes a person
to be aware of or feel the vibration accompanying the sound at a distance
of 30 feet or greater from the source, a prima facie case shall be
established that the radio, stereo receiver, compact disc player,
cassette tape player, or other similar device is being operated at
a volume that cause material distress, discomfort, or injury to a
person of ordinary sensibilities.
(5) Motor
vehicles.
The operation 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 other loud noise
or vibration.
(Ordinance 05-461-9, §§ 2,
3, adopted 1/6/2005)
It shall be unlawful for any person to use or operate, or cause
to be used or operated, any mechanical or electrical device, machine,
apparatus or instrument to intensify, amplify, or reproduce the human
voice or to produce, reproduce, intensify or amplify any sound in
any building or on any premises of the city, or in or on any vehicle
in the city, for any purpose whereby the sound therefrom is cast directly
upon the public streets or places, or which is so placed or operated
that the sound coming therefrom can be heard on the streets or on
neighboring premises to the annoyance or inconvenience of a reasonable
person having normal nervous sensibilities, and being of ordinary
tastes, habits and modes of living.
(Ordinance 05-461-9, § 4,
adopted 1/6/2005; Ordinance
05-461-9(b), § 1, adopted 5/3/2012)
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section
1-13. Each violation shall constitute a separate offense.
(Ordinance 05-461-9, § 5,
adopted 1/6/2005)