648.05 UNNECESSARY, EXCESSIVE OR OFFENSIVE NOISE OR SOUND.

   (a)    No person shall make, continue or cause to make, or continue any unnecessary, excessive or offensive noise or sounds which are above the prevailing background sound level at any time within the city. This shall include, but is not limited to the following:

      (1)    The operation of musical instruments, sound-producing equipment, yard or driveway maintenance equipment, or similar noise-producing equipment in such manner as to disturb the peace and comfort of neighboring residents. There shall be a presumption of a violation of this Section if the aforesaid activity occurs between the hours of 10:00 p.m. and 7:00 a.m. weekdays and/or between the hours of 11:00 p.m. and 7:00 a.m. weekends;

      (2)    The operation or use of any motorized vehicle or equipment in a manner inconsistent with its normal operation;

      (3)    Excavation, demolition, alteration or repair of any building or structure within the city between the hours of 9:00 p.m. and 7:00 a.m. daily; and

      (4)    Any other activity that results in noise or sounds that may jeopardize the health, safety or welfare of the residents of the city or that results in the denial of the peaceful use of their property or detracts from the quality of life enjoyed by such persons.

   (b)    The following are exceptions from this section:

      (1)   Audible warning devices on emergency or public safety vehicles when responding to situations in an emergency mode in conjunction with the use of the emergency warning lights;

      (2)   Building and vehicle alarms, unless there is a history of recurrent false activation of such devices;

      (3)   Construction equipment involved in the emergency repair or stabilization of a structure or facility after the accidental damage of, or failure of such structure or facility, with the prior consent of the Mayor or his/her designee;

      (4)   Any event sponsored for the enjoyment of the community at large;

      (5)   Warning devices such as horns, whistles, etc., when used to warn of a potentially dangerous and/or hazardous condition, but only for the duration of the condition; and

      (6)    Snow blowers and other snow removal equipment are specifically excluded during periods of heavy snowfall; provided, however, that persons using such equipment during late night or early morning hours shall use every effort to be respectful of their neighbors.

   (c)   The Mayor and/or Police Chief may grant a waiver or grant conditions to this section so long as a request is made in writing and submitted 72 hours prior to said event.

   (d)   Whoever violates this section is guilty of a minor misdemeanor. If the offender has previously been convicted of a prior offense within the prior 12 months, then the offense shall be a misdemeanor of the fourth degree. (Ord. 2015-037. Passed 4-13-15.)