This article has been adopted to address those
instances when noise is of such a character, intensity, frequency,
or duration that it impacts the enjoyment of one's property, and on
those occasions when noise represents a threat to public health, safety,
and welfare.
Noise shall be considered a nuisance when the
operation of any device, instrument, vehicle, machinery, etc. is in
violation of any provision of this chapter, which operation or maintenance
causes discomfort or annoyance to persons of normal sensitiveness
or which endangers the comfort, repose, health, or peace of the public.
The following acts, among others, are determined
to be a nuisance, and shall constitute a violation of this article:
A.
The operation of any radio, boombox, stereo, amplifier,
or musical instrument in such a manner or with such volume or frequency
as to disturb the quiet, comfort, or repose of persons in any public
place, park, dwelling, lodging facility, or any type of residence.
This provision applies to both stationary noise and mobile noise sources.
B.
The creation of loud and excessive noises in association
with any industrial, warehousing, or mining operation that disturbs
the comfort and repose of nearby residents.
C.
The keeping of any animal which, by causing frequent
or long-duration noise, disturbs the comfort and repose of any person
in the vicinity.
D.
The operation of any automobile, motorcycle, all-terrain
vehicle, jet ski, or any other motor vehicle so out of repair, so
modified, or in any such manner as to create loud and unnecessary
noise that is clearly above and beyond what one typically expects
of such vehicle.
E.
The discharge into open air of the exhaust of any
stationary internal combustion engine, steam engine, or motor vehicle,
except through a muffler or other device that will prevent loud or
explosive noises thereof.
F.
Noise in association with the construction, alteration,
repair, or demolition of any building or structure, except between
the hours of 7:00 a.m. and 9:00 p.m. Such activities and noises may
be allowed between 9:00 p.m. and 7:00 a.m. if they are in the interest
of public safety as determined by the Building Inspector or Code Enforcement
Officer.
G.
Noise in association with any excavation, earth moving,
grading. logging. or any other kind of land disturbance or alteration,
except between the hours of 7:00 a.m. and 9:00 p.m.
H.
The creation of any excessive noise on any property
or street in the vicinity of any school, institution of learning,
court of law, or hospital, which unreasonably interferes with the
operation of such institutions. unless the source of the noise is
a school, institution of learning, court of law, or hospital.
I.
The creation of loud or excessive noises in connection
with the loading or unloading of any vehicle, or the opening or destruction
of boxes, crates, containers, bales, and similar items associated
with the movement or storage of materials and freight.
J.
The shouting and crying of peddlers, hawkers, vendors,
salespeople, or preachers which disturb the peace and quiet of the
neighborhood.
K.
The use of any amplifier, loudspeaker, stereo, drum,
or other instrument or device for the purpose of attracting attention
to any sale, promotion, or display of merchandise which distracts
motorists, or disturbs the comfort and repose of any person in the
vicinity.
L.
The sounding of any horn or alarm on any automobile,
motorcycle, or other motor vehicle or device, except if said horn
or alarm is being used legitimately to warn or caution individuals
or other motorists.
M.
The operation of any sound-projection device or apparatus,
whether stationary or part of a motor vehicle, in, on, or adjacent
to public streets, parks, and places of public assembly, that is being
used to attract attention to a commercial operation or business.
N.
The creation of any noise that causes public inconvenience
or alarm, or disturbs the public's comfort and repose.
O.
The creation of any noise that exceeds 75 dB(A) at
the adjoining property line.
The following noises and sounds are allowed,
and are therefore not subject to the prohibitions of this article:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency for the purpose
of issuing warnings.
C.
Sounds created by lawnmowers, grass trimmers, rototillers,
hedge trimmers, chainsaws, and similar devices used for lawn and property
maintenance, provided such devices are operated between the hours
of 7:00 a.m. and 9:00 p.m.
D.
Sounds created by public utilities in carrying out
their operations.
E.
Sounds in association with sporting events, or any
authorized carnival, fair, exhibition, parade, etc.
F.
Sounds associated with automobile traffic on public
streets and highways.
G.
Sounds associated with routine activities of airports
and military installations.
H.
Sounds in connection with routine activities and operations
of schools and educational facilities.
