(A) No person shall make or cause to be made any noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace safety or welfare of any person or precludes their enjoyment of property or which causes a noise disturbance within the city. Accordingly, the following acts, among others, are declared to be loud, disturbing and unnecessary noises and in violation of this subchapter, but such enumeration shall not be considered exclusive:
(1) Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle in any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonable loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand, air or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the continued or repeated use of any such signaling device when traffic is for any reason held up, or in any parade, or in any group of vehicles.
(2) Radios and phonographs. Playing, using or operating, or permitting to be played, used or operated, any radio or television receiving set, musical instrument, phonograph, calliope or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated, and who are voluntary listeners thereto, except when a permit therefor for some special occasion is granted. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subchapter.
(3) Loudspeakers, amplifiers for advertising. Playing, using or operating, or permitting to be played, used or operated, any radio or television receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for producing or reproducing sound at any place upon the public streets or in any vehicle used for the transportation of persons of hire as a common carrier, for the purpose of commercial or other kind of advertising or attracting the attentions of the public to any activity or building or structure, which is so used as to disturb and annoy other persons in their businesses, homes or elsewhere in their right of personal privacy and quiet.
(4) Yelling or shouting. 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 and repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any person in the vicinity.
(5) Animals or birds. Owning, keeping, possessing, or harboring any animal which, by frequent or habitual howling, barking meowing, squawking, or other noise making, causes a noise disturbance. The provisions of this section shall also apply to all private or public facilities, including any animal pounds, which hold or treat animals.
(6) Loading, unloading, opening, or otherwise handling boxes, crates, containers, garbage cans, containers, or other similar objects between the hours of 7:00 p.m. and 5:00 a.m. the following day, in a manner such as to cause noise disturbance.
(7) Construction or repairing of buildings. The erection, excavating for demolition, alteration or repair of any building, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 12:00 p.m. to 6:00 p.m. on Saturdays and Sundays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Code Enforcement Officer of the city which permit may be granted for a period not to exceed three days while the emergency continues. If the Code Enforcement Officer 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 therefore, or of any streets and highways, between the hours of 6:00 p.m. and 7:00 a.m. and further determines that loss or unusual inconvenience would result to any party in interest, he may grant permission for such work to be done between the hours of 6:00 p.m. and 7:00 a.m., upon the application being made at the time the permit for the work is issued or during the progress of the work.
(8) The squealing of automobile or truck tires in a manner as to create a noise disturbance. Emergency accelerating, stopping, or swerving shall be exempt from this provision.
(9) Schools, courts, churches and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while it is in use, or adjacent to any hospital which unreasonably interferes with the operation thereof or which disturbs or unduly annoys patients in the hospital; provided that conspicuous signs are displayed in such streets indicating that the same has been declared and is a school, hospital or other such quiet zone.
(10) Operating or permitting the operation of powered model vehicles between the hours of 8:00 p.m. and 8:00 a.m. the following morning, in a manner as to cause a noise disturbance.
(11) It shall be unlawful to discharge into the open air, the exhaust of any stationary internal combustion engine, or motor vehicle through a muffler or other device which will effectively prevent loud or explosive noises therefrom. No person shall modify or change the exhaust muffler, intake device of a motor vehicle in a manner that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured.
(12) All off-road motorized vehicles must have a muffler or other device to minimize noise that is unreasonable, annoying or disturbing to the peace and tranquility of others. It shall be unlawful to operate and off-road vehicle within the limits of the city before 8:00 a.m. or after 8:00 p.m. in a manner that causes a noise disturbance.
(B) Further, it shall be the duty of every owner, occupant, manager, agent or operator of any property, structure, vehicle, or business in the city, to prevent persons using property under their control from violating this subchapter.
(Ord. 2000-6, passed 9-13-00; Am. Ord. 2006-08, passed 3-20-06; Am. Ord. 2017-019, passed 11-6-17) Penalty, see § 93.99