ARTICLE V OFFENSES INVOLVING PUBLIC PEACE AND ORDER

Loud and raucous noise degrades the environment of the city to a degree that:

It is harmful to the health, welfare, and safety of its inhabitants and visitors;

It interferes with the comfortable enjoyment of life and property;

It interferes with the well-being, tranquility, and privacy of the home; and

It both causes and aggravates health problems.

The effective control and elimination of loud and raucous noise are essential to the health and welfare of the citizens of city inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work and communication.

The use of sound amplification equipment creates loud and raucous noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace, and freedom of citizens and of visitors of the city.

Sound-amplifying equipment

Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the city.

(b)

Scope.

This section applies to the control of all sound originating within the jurisdictional limits of the city.

(c)

Definitions.

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Noise sensitive area

includes, but is not limited to, a posted area where a school, hospital, nursing home, church, court, public library, or similar institution is located.

Public space

means any real property or structures on real property owned by a government entity and normally accessible to the public.

Residential area

means any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the city's zoning code.

means any machine or equipment or device for the amplification of the human voice, music, or any other sound. (Sound-amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on vehicles used for traffic safety purposes.)

(d)

General prohibition.

No person shall make, continue, or cause to be made or continued:

Any unreasonably loud or raucous noise;

Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the city; or

Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.

Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:

The proximity of the sound to sleeping facilities, whether residential or commercial;

The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;

The time of day or night the sound occurs;

The duration of the sound; and

Whether the sound is recurrent, intermittent, or constant.

(e)

Noises prohibited.

The following acts included, but not limited to these, are declared to be per se violations of this section:

Unreasonable noises.

The unreasonable making of, or unreasonably permitting to be made, any unreasonably loud, boisterous or unreasonably loud and raucous noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.

Commercial establishments adjacent to residential property.

Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of, or under the control of, the establishment, between the hours of 10:00 p.m. and 7:00 a.m., which is plainly audible at a distance of five feet from any residential property, except as stated on subsection (f).

Radio, television, boom box, stereo, musical instrument, or similar device.

The use or operation of a radio, television, boom box, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the players or operators of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors, or is plainly audible at a distance of 50 feet from any person in a commercial, industrial area, or public space, or which unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise sensitive areas, including multifamily or single-family dwellings.

Loudspeakers, amplifiers, public address systems, and similar devices.

The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays, in the following areas:

Within or adjacent to residential or noise-sensitive areas; or

Within public space if the sound is plainly audible across the property line of the public space from which the sound emanates, and is unreasonably loud and raucous.

(This shall not apply to any public performance, gathering, or parade for which a permit or permission has been obtained from the city.)

(5)

Construction or repair of buildings, excavation of streets and highways.

The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and 10:00 a.m. and 8:00 p.m. on weekends. (In case of emergency, construction or repair noises are exempt from this provision.) In cases of non-emergency, the city manager may issue permission to continue construction if he determines that the public health and safety will not be impaired and if he further determines that loss or inconvenience would result to a party in interest.

(6)

Noise sensitive areas; schools, courts, churches, hospitals, and similar institutions.

The creation of any unreasonably loud and raucous noise adjacent to any noise sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions; provided that conspicuous signs delineating the boundaries of the noise sensitive area are displayed on the property boundaries toward the streets surrounding the noise sensitive area.

(f)

Exemptions.

Sounds caused by the following are exempt from the prohibitions set out above:

Any bell or chime from any clock, school, or church.

Any siren, whistle, horn, or bell used by emergency vehicles or any other alarm systems used in case of fire, collision, civil defense, burglary, police activity, or imminent danger; provided, however, that no false alarms shall remain activated for more than 15 minutes after being activated and further provided that no burglar alarm shall be allowed to produce alarm sounds in excess of those specified above for more than 15 minutes in any two hour period. (Alarms as a result of an actual fire, burglary, etc., will be exempt from this time limit.)

Trains blowing the whistle for intersection safety precaution.

Any activity of a temporary duration which is permitted by law and for which a license, permit or permission has been granted by the city, including, but not limited to, parades, sporting events, concerts and fireworks displays.

(5)

Any construction equipment operated upon a residential premises during the time period between 7:00 a.m. and 8:00 p.m. on weekdays, 10:00 a.m. to 8:00 p.m. on weekends. Such construction equipment shall be equipment with a properly installed muffler in good working order.

(6)

Any domestic power equipment operated upon any residential, commercial, industrial or public premises during the time period between 7:00 a.m. and 8:00 p.m. on weekdays, 10:00 a.m. to 8:00 p.m. on weekends.

(7)

Any emergency work. Emergency work shall be defined as work that must be completed immediately in order to protect an individual's or group's health, safety or welfare or is otherwise necessary to restore property to safe condition following a fire, accident, or other natural or manmade disaster, or which is required to protect persons or property.

(8)

Any detonation of explosives used to fragment rock for mining, quarrying, excavation, and construction.

(9)

Any recreational and educational activity, including, but not limited to, school bands and school/neighborhood ball games. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and school entertainment events.

(10)

Licensed refuse collection vehicles.

(11)

Aircraft.

(12)

Repairs or excavations of bridges, streets or highways by or on behalf of the city, the state, or the federal government, between the hours of 8:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 8:00 p.m.

(13)

Properties located within an industrial zone or industrial land uses.

(g)

Method of enforcement.

Any peace officer or official responsible for code enforcement may be responsible for enforcing all the provisions of this section. In addition, a complainant may individually enforce this section on his own behalf. Where a violation of any provision of this section is found, the peace officer, code enforcement officer or any person acting under his supervision, or individual acting on their own behalf, are hereby authorized to:

Appear before a municipal court magistrate to make an affidavit under oath and request that a summons be issued for a person, where there is probable cause for believing that the person is in violation of this section, requiring said person to appear in municipal court to answer charges of the violation.

Serve as a witness, and to provide evidence of the violation, at the request of a person who has registered a noise complaint and wish to appear before a municipal court magistrate for the purpose of making an affidavit under oath and requesting that a summons be issued for the person where there is probable cause to believe that the person is in violation of this section, requesting said person to appear in municipal court of the city to answer charges of the violation.

A peace officer, code enforcement official or other individual may proceed with enforcement under any method available to him pursuant to the laws of the state, including issuance of summons.

Nothing in this section shall prevent the enforcement official from obtaining voluntary compliance by way of warning, notice or education.