Subd. 1. It is found and declared that:
A. The making and creation of excessive, unnecessary or unusually loud noises within the limits of the city is a condition which has existed for some time and the extent and volume of the noises is increasing;
B. The making, creation or maintenance of the excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and
C. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.
Subd. 2. It is unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city.
Subd. 3. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section:
A. Radios, phonographs and the like. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or the reproducing of sound in 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 the machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in 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 section.
B. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is used upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, except when a license is issued therefor pursuant to City Code § 6.54;
C. The use of any automobile, motorcycle, recreational vehicle, ATV vehicle, snowmobile or vehicle so out of repair, so loaded or in a manner as to create loud and unnecessary grating, grinding, rattling or other noise or to use the vehicle off the street on private or public property in a manner as to cause long or continuous or unnecessary noise so as to annoy, disturb the quiet, comfort or repose of persons in the vicinity; and/or
D. The operation between the hours of 10:00 p.m. and 5:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
E. The slowing of any motor vehicle by any device, method, or practice known as engine braking or transmission braking (also referred to as also referred to as jake brake, Jacobs brake, dynamic brake, C-brake, or Paccar brake) whereby rapid downshifting of a vehicle's engine or a compression release device is used in lieu of applying a vehicle's wheel brakes thereby causing loud noises to emit from the vehicle's engine and exhaust system. Such braking by any motor vehicle on any public highway, street, parking lot or alley within the City of Austin is declared to be a public nuisance and is prohibited.
Subd. 4. This section shall not be construed to prohibit or limit the normal activities incidental to the Mower County Fair or other exhibitions or shows conducted by the permission of the Council, even though such activities exceed time limits and other noise limits set forth in this section.
Subd. 5. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a Court of competent jurisdiction.
Subd. 6. With permission of the Council and upon such conditions and limitations as the Council may impose, the limitations set forth in Section 10.31, Subd. 3.D., may be waived in cases where unique hardship can be demonstrated.
(`80 Code, § 10.31) (Ord. 162, Second Series, passed 11-17-87; Am. Ord. 476, Second Series, passed 4-15-02; Am. Ord. 581, passed 3-15-10; Am. Ord. 678, passed 12-16-19) Penalty, see § 1.99