The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:
(a) Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary.
(b) Place of Public Entertainment. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than 95 dBA as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."
(c) Explosives, Firearms and Similar Devices. The using or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right of way, without first obtaining a special variance and compliance with Chapter 1519
of the Fire Prevention Code.
(d) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle, motorized bicycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
(e) Adequate Mufflers or Sound Dissipative Devices.
(1) Operating or causing to be operated any motor vehicle, motorized bicycle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation.
(2) Removing or rendering inoperative, or causing to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound dissipative device on a motor vehicle, motorized bicycle or motorcycle.
(3) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine except through a muffler or other device in good working order and in constant operation.
(f) Motor Vehicles.
(1) Operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, between the hours of 9:00 p.m. and 7:00 a.m. the following day except while loading and unloading perishables.
(2) Racing the motor of any vehicle unnecessarily or operating any motor vehicle, except in an emergency in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the pavement or other surface, commonly called "peeling".
(g) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary.
(h) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work:
(1) Between the hours of 9:00 p.m. and 8:00 a.m. the following day on weekdays or at any time on Sundays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by special variance.
(Ord. 1983-54. Passed 6-6-83.)
(Ord. 1983-54. Passed 6-6-83.)
(2) This subsection (h) hereof shall not apply to the use of domestic power tools subject to subsection (k) hereof.
(Ord. 2001-6. Passed 1-16-01.)
(Ord. 2001-6. Passed 1-16-01.)
(i) Emergency Signaling Devices.
(1) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsections (i)(2) and (3) hereof.
(2) Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 9:00 p.m. or the closing time of a commercial establishment, whichever shall occur later. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.
(3) Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur before 8:00 a.m. or after 9:00 p.m. In no case shall such test time exceed ten minutes.
(4) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within two minutes of activation, or within a reasonable time after notification of activation.
(5) The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger.
(Ord. 1983-54. Passed 6-6-83.)
(Ord. 1983-54. Passed 6-6-83.)
(j) Loudspeakers and Public Address Systems. Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public space for any purpose whatsoever.
(k) Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower, or other similar device used outdoors, other than powered snow removal equipment, in residential areas between the hours of 9:00 p.m. and 8:00 a.m. the following day on weekdays and before 10:00 a.m. or after 9:00 p.m. on Sundays so as to cause a noise disturbance across a residential real property boundary.
(1) Powered Model Vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 9:00 p.m. and 8:00 a.m. the following day.
(m) Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source. For the purposes of this section, "vibration perception threshold" means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
(Ord. 2001-6. Passed 1-16-01.)