§ 8-1. Unnecessary noise.

(a)

Prohibited. It shall be unlawful for any person to make, continue to cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city limits.

(b)

Nonexclusive enumeration. The following acts, among others, are declared to be loud, disturbing and unnecessary noises and noises in violation of this section, but this enumeration shall not be deemed to be exclusive:

(1)

Horns or signal devices. The sound of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or while in motion, except only as a danger signal after brakes have been or are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any noise for any unreasonable period of time.

(2)

Radios, musical instruments, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for amplifying, producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants at any time with an unreasonably loud volume which tends to disturb or interfere with the peace and good order of persons within the area of audibility is prohibited. The operation of any such set, instrument, phonograph, machine or device at any time in such a manner as to be plainly audible at a distance of fifty (50) feet or more from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(3)

Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any hospital, dwelling, hotel or other type of residence or any persons in the vicinity.

(4)

Animals, birds, etc. The keeping of any animal, bird or fowl which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity.

(5)

Defect in vehicle or load. The use of any automobile, motorcycle, streetcar or vehicle so out of repair or loaded in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

(6)

Steam whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a waning of fire or danger, or upon the request of property authorities.

(7)

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which effectively prevent loud or explosive noises therefrom.

(8)

Construction and repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building in any residential, mixed residential, mobile home, business, commercial or industrial district or section or the excavation of streets or highways in any residential, mixed, residential, mobile home, business, commercial or industrial district or section other than between the hours of 7:00 a.m. and 9:00 p.m., except in case of urgent necessity, in the interest of public health and safety, and then only with a permit from the mayor, which permit may be granted for a period not to exceed thirty (30) days while the emergency continues. If the mayor should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 9:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done between the hours of 9:00 p.m. and 7:00 a.m. upon the application being made either at the time the permit for the work is awarded or during the progress of the work.

(9)

Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in a hospital.

(10)

Loading, unloading. The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates or containers.

(11)

Drums, loudspeakers. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show, sale or display of merchandise.

(12)

Loudspeakers on trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other purposes.

(13)

Loudspeakers for advertising. The use or operation or the causing to be used or operated, in front of or outside of any building, place or premises, or through any window, doorway or opening of such building abutting upon the public street, or upon any public street, of any device or apparatus for tapping windows or for amplifying sound from any radio or phonograph, or of any sound reproducing device.

(14)

Hawkers, peddlers and vendors. The shouting or crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

(15)

Emergency signaling devices.

a.

Except in cases of emergency, the intentional sounding of any alarm between the hours of 10:00 p.m. and 7:00 a.m.

b.

The testing of any alarm for a period in excess of sixty (60) seconds at any time.

c.

The testing of a complete emergency signaling system, including the signaling device and the personnel response to the calendar month and sounding of said emergency signaling for a period in excess of fifteen (15) minutes.

(16)

Operate or cause to be operated any vehicle, off-road vehicle, or motorcycle not equipped with a muffler in good working order and in constant operation. No person shall remove or render inoperative or cause to be removed or rendered inoperative, any muffler or sound-dissipative on a motor vehicle or motorcycle other than for the purpose of maintenance, repair, or replacement.

(17)

Load or unload a bulk waste container (bulk containers normally used with mechanical collection equipment; dumpster) between the hours of 10:00 p.m. and 5:30 a.m. within three hundred (300) feet of a residential, noise-sensitive area, or public space if the sound level is unreasonable.

(c)

The factors which may be considered in determining whether a violation of this section exists shall include, but not be limited to, the following:

(1)

Whether the nature of the noise is usual or unusual;

(2)

Whether the origin is natural or unnatural;

(3)

The level and intensity of the background noise, if any;

(4)

The proximity of the noise to a residential sleeping facility;

(5)

The nature, surrounding land use, and/or zoning of the area from which the noise emanates;

(6)

The density of the inhabitation of the area from which the noise emanates;

(7)

The time of day and/or night that the noise occurs;

(8)

The duration of the noise;

(9)

Whether the noise is recurring, intermittent, or constant;

(10)

Unreasonable interference with the peaceful enjoyment of property, public or private; and

(11)

Unreasonable interference with the peace and tranquility of neighbor and/or neighborhood.

(d)

Whoever violates this section shall be guilty of a misdemeanor and shall be punished as follows:

(1)

Upon a first conviction, the offender shall be fined not less than one hundred fifty dollars ($150.00), nor more than five hundred dollars ($500.00) or imprisoned for a term not exceeding six (6) months, or both.

(2)

On a second conviction, the offender shall be fined not less than two hundred fifty dollars ($250.00), nor more than five hundred dollars ($500.00) or imprisoned for a term not exceeding six (6) months, or both.

(3)

On a third subsequent conviction, the offender shall be fined not less than four hundred dollars ($400.00), nor more than five hundred dollars ($500.00) or imprisoned for not less than ten (10) days, and not more than six (6) months, or both.

(e)

Whoever violates this section from any vehicle, while in motion or while not in motion, shall be guilty of a misdemeanor and shall be punished as follows:

(1)

Upon a first conviction, the offender shall be fined not less than one hundred fifty dollars ($150.00), nor more than five hundred dollars ($500.00) or imprisoned for a term not exceeding six (6) months, or both.

(2)

On a second conviction, the offender shall be fined not less than two hundred fifty dollars ($250.00), nor more than five hundred dollars ($500.00) or imprisoned for a term not exceeding six (6) months, or both, plus forfeiture of sound producing device.

(3)

On a third subsequent conviction, the offender shall be fined not less than four hundred dollars ($400.00), nor more than five hundred dollars ($500.00) or imprisoned for not less than ten (10) days, and not more than six (6) months, or both, plus forfeiture of sound producing device.

(f)

Any person shall be in violation of this article if two (2) witnesses, not in the same household, but in the immediate neighborhood, complain of the same violation and sign statements describing the activity. Upon possession of the signed statements, or upon witnessing the violation in person, the law enforcement officer may immediately issue a citation to the violator. A copy of the citation along with any statements shall be presented to the city prosecutor.

(g)

Exemptions. The following are exempt:

(1)

Domestic power tools, lawn mowers, when operated with a muffler, between the hours of 7:00 a.m. to 9:00 p.m. on weekdays and Saturdays, and 8:00 a.m. to 9:00 p.m. on Sundays and holidays.

(2)

Noises resulting from any authorized emergency vehicles when responding to an emergency;

(3)

Noises made by persons having obtained a permit;

(4)

Any noises resulting from activities of temporary duration, for which a permit has been granted pursuant to this article, and which conforms to the conditions and limits stated thereon;

(5)

Noises from church bells and chimes;

(6)

Collection of garbage, refuse, or recyclables by any government agency and/or its contractors;

(7)

Authorized school activities of a temporary duration;

(8)

Lawful commercial activity conducted during the normal course and scope of business;

(9)

Exemptions are subject to the limitations and guidelines set forth in subsection (c)(1)—(11) herein.

(h)

Exceptions. None of the terms or prohibitions hereof shall apply to or be enforced against:

(1)

Any publicly owned vehicle while engaged upon necessary public business;

(2)

Excavations or repairs of bridges, streets or highways by or on behalf of any public agency during the night when the public welfare and convenience renders it impossible to perform such work during the day.

The provisions of this section shall apply to the control of all sound originating within geographical limits of the city.

(Ord. No. 736, 11-13-06; Ord. No. 783, 6-11-07; Ord. No. 1485, 8-14-17)