It shall be unlawful and prohibited by this Chapter for any person or persons, business operator/manager, or similar other to make, continue, allow to continue or cause to be made any excessive or unnecessary or unusually loud noise; or any noise which either continuously annoys, disturbs, injures and/or unreasonably infringes the comfort, repose, health, peace or safety of others within the limits of the City; especially as such affects nearby residential areas. (Ord. 3-3-92, 3-5-1992, eff. 3-3-1992; amd. Ord. 35-07-23, 7-11-2023)
The following acts, among similar others, are declared to be loud, disturbing and unnecessary noises in violation of this Chapter, but said enumeration shall not be deemed to be all-inclusive, namely:
A. Horns, Signaling Devices: The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any public or private place in the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling or horn device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine electricity; the use of any horn, whistle or other device operated by engine exhaust, and the use of any such signaling device when traffic is for any reason held up.
B. Sound Systems: The using, operating or permitting to be played/operated of any radio receiving set, musical instrument, compact disc player, electronic or digital sound system, any internet-assisted sound system, phonograph or any other device for the producing or reproducing of sound (music or otherwise) in such manner as to disturb the peace, quiet and reasonable comfort of the neighboring inhabitants of ordinary sensibilities, especially in residential areas; or at any time with louder volume than is necessary for convenient hearing for the persons who are voluntary listeners in the room, assembly area, restaurant, vehicle or other such places in which such device is operated. The phrase 'permitting to be played/operated' shall include, but is not limited to a person or persons causing the device to function or keeping it in (violative) operation; or a person or persons supervising or managing other persons who cause the device to function in violation to these noise regulations; or a person or persons who, after being alerted by local authorities or others to lower the volume due to an apparent violation and disruption to others, cause the same or another device to be re-activated in intentional breach of these noise regulations. The operation of any such system described herein, between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to be plainly audible at a distance of one-hundred feet (100') from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this Section. This provision shall also be applicable and binding to and between all residentially used properties, whether they adjoin or not.
C. Loud Speakers and Amplifiers for Advertising: The using, operating or permitting to be played of any radio receiving set, musical instrument, compact disc player, electronic or digital sound system, any internet-assisted sound system, phonograph, loudspeaker, sound amplifier or any other device for the producing or reproducing of sound which is cast upon the public and/or private streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
D. Yelling, Shouting: Yelling, shouting, hooting, whistling, singing or some other type of (loud) vocal exertion on public and/or private streets, sidewalks, or other public or semi-public places, particularly between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., or at any time or place so as to annoy or disturb the quiet, comfort or reasonable repose of persons of ordinary sensibilities in any office or in any dwelling, hotel or other type of residence or any persons in the vicinity. This prohibition includes the general raucous shouting and yelling of peddlers and vendors which may disturb the peace and quiet repose of area residents.
E. Non-muffled Engines: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motorcycle or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
F. Defect in Vehicle or Load: The use of any automobile, motorcycle or vehicle so out of repair, so loaded/customized in such a manner as to create loud and unnecessary grating, grinding, rattling or vibrating that annoys or disturbs the quiet, comfort or reasonable repose of persons of ordinary sensibilities in residency settings.
G. Loading, Unloading and Flattening Boxes: The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle; or the opening and flattening of bales, boxes, crates and/or containers.
H. Construction, Repairing or Demolition of Buildings: The construction (including excavation), demolition, alteration or repair of any building other than between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. in residential zoning districts. Commercial and industrial zones where no residentially used properties adjoin said commercial/industrial site may commence at 3:00 A.M. and end at 7:00 p.m. or shortly thereafter. NOTE: should there be unique land use and/or weather conditions coupled with a legitimate sense of urgency, the Planning Director may deviate from these time constraints but only if there is a justified case of urgent necessity in the interest of public health and safety.
I. Schools, Churches and Hospitals: The creation of any excessive noise on any property or street or paved driveway or parking lot adjacent to any school, institution of learning, church, any hospital or bona fide medical service center which unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys patients in the hospital or medical facility.
J. Musical Instruments: The use of any drum or any type of musical instrument or device for the purpose of attracting attention by creation of noise/music to any performance, show or sale. This prohibition does not include the sound generated from a school's jamboree, half-time performances at a school's sporting events, or other similar events by similar entities.
K. Pile Drivers, Hammers: The operation between the hours of ten o'clock (10:00) P.M. and seven (7:00) o'clock A.M. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance operated by compressed air, the continuous use which generates a loud noise that annoys or disturbs the reasonable repose of persons of ordinary sensibilities.
L. Blowers: Between the hours of 10 P.M. and 7 A.M., the operation of any noise-creating blower or power fan or any internal combustion engine, the operation which generates loud noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is significantly muffled and such engine is equipped with a reliable muffler device sufficient to deaden such noise and does not annoy or disturb the reasonable comfort and repose of nearby residents with ordinary sensibilities.
M. Funeral Home and Cemetery Services: The creation of any excessive and continuous noise from any property, street, sidewalk, or place that may reflect irreverence to persons that are attending sensitive memorial or religious services in respect to the loss of human life while at a funeral home or cemetery. (Ord. 3-3-92, 3-5-1992, eff. 3-3-1992; amd. Ord. 35-07-23, 7-11-2023)
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