The term "noise disturbance" means any of the following sounds:
1. Alarm Testing. The sound emitted by the intentional sounding outdoors of any privately-owned fire alarm, burglar alarm, siren, whistle, or similar stationary emergency signaling device for the essential testing of such device, when conducted between the hours of 5:00 p.m. and 8:00 a.m.
2. Motor Vehicle Radios. The sound emitted by an automobile or truck radio, tape deck or compact disk player, or other such standard equipment used and intended for the use and enjoyment of such vehicle's occupants, if the sound emitted therefrom is audible for more than 50 feet, at all times.
3. Chain Saws. The sound emitted by motor-powered tree trimming equipment operated between the hours of 9:00 p.m. and 7:00 a.m.
4. Construction Noise. The sound made by privately owned and operated tools or equipment in the erection, demolition, excavation, drilling, or other such construction work, which is received between the hours of 9:00 p.m. and 7:00 a.m. on weeknights and between the hours of 6:00 p.m. and 9:00 a.m. on Saturday and Sunday.
5. Engine Brake Noise. The sound made by an engine brake device of a diesel engine truck, at all times.
6. Engine Repairs and Testing. The sound made by the repairing, rebuilding, modifying, or testing a motor vehicle or recreational vehicle which is received between the hours of 9:00 p.m. and 7:00 a.m.
7. Injurious or Disturbing Sounds Generally. Any sound which endangers or injures the health, safety or welfare of a human being, disturbs a reasonable human being of normal sensitivities, or causes or tends to cause an adverse physiological or physical effect on human beings, or devalues or injures property, at all times.
8. Lawn and Garden Equipment. The sound emitted by motor-powered, muffler-equipped, lawn and garden equipment operated between the hours of 9:00 p.m. and 7:00 a.m. Golf courses are exempt from lawn mower operation restrictions.
9. Power Snow Removal Equipment. The sound of power snow-removal equipment in residential areas, between 12:00 midnight and 5:30 a.m.
10. Loading and Unloading. The sound made by outdoor loading, unloading, opening, closing, or handling of boxes, crates, containers, building materials, trash cans, receptacles, and/or dumpsters, between the hours of 9:00 p.m. and 7:00 a.m. unless the activity is occurring on property zoned as retail, commercial or industrial which shall be exempt from time provisions.
11. Musical Instruments. The sound made by a drum, horn, reed and/or string instrument, or other musical instrument or device, which is received between the hours of 9:00 p.m. and 7:00 a.m.
12. Noisy Exhaust System. The sound made by a motor vehicle or a recreational vehicle whose exhaust system is defective or has been modified by the installation of a muffler cutout or bypass, at all times.
13. Off-road Motorcycle and Recreational Vehicle Noise. The sound made on private or City-owned property other than a public right-of-way by a motorcycle or recreational vehicle and received between the hours of 9:00 p.m. and 7:00 a.m., provided; however, the sound made by a motorcycle when traveling from private property to a public right-of-way, or vice versa, in pursuance of normal ingress or egress for purposeful transportation is not a "noise disturbance" unless made so by some provisions of this section.
14. Powered Model Vehicles. The sound made by the operation of a powered model vehicle which is received between the hours of 9:00 p.m. and 7:00 a.m.
15. Racing. The sound made by a motor vehicle or recreational vehicle on private property or public right-of-way during any racing event or time trial, whether organized or unorganized, at all times.
16. Screeching Tires. The sound made by the intentional screeching or squealing of the tires of a motor vehicle, at all times.
17. Selling by "Hawking" or "Barking." The sound of selling by shout or outcry when made within the area of the City zoned residential or commercial, at all times.
18. Sound Equipment. The sound made by sound equipment (see definition under Section 44.03(16) operated upon the public right-of-way, or in any building, or upon any public or private premises, if plainly audible from any public right-of-way within the City, unless the person using, operating, or causing to be used or operated, the sound equipment possesses a current noise permit and the actual use or operation of such sound equipment is not inconsistent with the statements made in the application, the conditions imposed in the noise permit, or the limitations specified in Section 44.06 of this chapter, at all times.
All violations of any provision(s) of Section 44.05 are hereby declared simple misdemeanors punishable by a fine of at least $100 plus surcharge and court costs and/or municipal infractions punishable by a penalty as listed in Chapter 4 of this Code of Ordinances. Violations may be charged as either a misdemeanor criminal offense or a municipal infraction at the sole discretion of the peace officer.
(Ord. 2008 - Jun. 20 Supp.)