No person shall make or cause to be made loud, unnecessary or unusual noises or noises which annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others in the city. Actions so prohibited include but are not necessarily limited to the following:
(A) Horns and signaling devices. The sounding of any horn or signaling device on an automobile, motorcycle, bus or other vehicle on a street or public place of the city, except as a danger warning; the creation, by means of any signaling device, of any unreasonably loud or harsh sound; the sounding of any device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up;
(B) Radios, musical instruments and phonographs; vehicle sound devices.
(1) The playing, use or operation, of a radio receiving set, musical instrument, phonograph, tape cassette player, stereo, boom box or kicker box, radio and/or tape cassette player or other machine or device, either in a stationary position, which is capable of producing or reproducing sound or receiving broadcast 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 persons that are in the room, area or chamber in which the set, instrument, machine or device is operated and who are voluntary listeners thereto;
(2) The playing, using or operating or permitting to be played, used or operated of any radio, tape recorder, cassette player or other device for receiving broadcast sound or reproducing recorded sound if the device is located:
(a) On the public way; or
(b) In any motor vehicle on the public way; and if the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than 75 feet. This section shall not apply to any person participating in a parade or public assembly for which a permit has been obtained pursuant to city ordinances.
(3) Any person who violates this section shall be subject to a fine of up to $750 pursuant to § 666.99 of this code.
(4) A motor vehicle that is used in violation of this section shall be subject to seizure and impoundment. The owner of record shall be liable to the city for a penalty of $500 in addition to fees for the towing and storage of the vehicle.
(5) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violations, if there is a person, of the fact of the seizure and the owner’s right to request a preliminary hearing to be conducted under this section.
(6) Whenever the owner of a vehicle seized pursuant to this section requests a preliminary hearing within 12 hours of the seizure, a Hearing Officer of the city shall conduct the preliminary hearing within 24 hours after the seizure, excluding Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence shall not apply at this hearing, and hearsay evidence shall be admissible. If, after the hearing, the Hearing Officer determines that there is probable cause to believe that the vehicle was used in the commission of any crime described in this section, the Hearing Officer shall order the continued impoundment of the vehicle as provided in this section unless the owner of the vehicle posts with the city a cash bond in the amount of $500 plus fees for towing and storage of the vehicle. If the Hearing Officer determines that there is no probable cause, the vehicle will be returned without penalty.
(7) Within ten days after a vehicle is seized and impounded pursuant to this section, the city shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the Hearing Officer, no later than 30 days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used in the commission of any of the violations previously described herein, the Hearing Officer shall enter an order requiring the vehicle to continue to be impounded and the owner pay a penalty of $500 plus fees for towing and storage of the vehicle. The penalty and fees shall be a debt due and owing the city. However if a cash bond has been posted, the bond shall be applied to the penalty. If the Hearing Officer determines that the vehicle was not used in a violation, he or she shall order the return of the vehicle or cash bond. Notwithstanding any other provision of this section, whenever a person with a lien of record against a vehicle impounded under this section has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the city the net proceeds of any foreclosure sale, less any among necessary to pay all lien holders of record, up to the total amount of penalties imposed under this section.
(8) Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the city’s action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed vehicle as provided by law.
(9) As used in this section, the
OWNER OF RECORD of a vehicle means the record title holder.
(C) Shouting and singing. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. of the next day, or at any other time or place, so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity;
(D) Animals. The keeping of a bird or other animal which, by causing frequent or long continued noise, disturbs the comfort or repose of persons in the vicinity;
(E) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to a stationary boiler, except to give notice of the time to begin or stop work, as a warning of fire or danger or upon request of proper city authorities;
(F) Exhaust systems. The discharge into the open air of the exhaust of a steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(G) Vehicle defects and loads. The use of an automobile, motorcycle or other vehicle so out of repair, so loaded or in a manner, as to create loud and unnecessary grating, grinding, rattling or other noise;
(H) Loading and unloading; opening boxes. The creation of a loud and excessive noise in connection with loading or unloading a vehicle or opening or destroying bales, boxes, crates and containers;
(I) Construction or repair of buildings. The erection, including excavating, demolition, alteration or repair, of a building other than between 7:00 a.m. and 6:00 p.m. on weekdays, and between 9:00 a.m. and 6:00 p.m. on weekends, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Director of Public Works, which permit may be granted for a period of not more than three days while the emergency continues, and which may be renewed for periods of not more than three days while the emergency continues. If the Director determines that the public health and safety will not be impaired by the erection, between 6:00 p.m. and 7:00 a.m. of the next day, and if he or she further determines that loss or inconvenience would result to a person in interest, the Director may grant permission for the work to be done between the hours, upon application being made at the time the permit for the work is awarded or during the progress of the work.
(J) In vicinity of schools, churches and courts. The creation of any excessive noise on any street adjacent to any school or other institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of the institution, church or court, or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed on the street indicating that the same is a school, hospital or court street;
(K) Transportation of metal rails, pillars and columns. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of the streets or other public places;
(L) Pile drivers and hammers. The operation, between the hours of 6:00 p.m. and 7:00 a.m. of the next day, 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;
(M) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffling device sufficient to deaden the noise;
(N) Garbage and rubbish collection. The collection of garbage, refuse, rubbish or other waste between 7:00 p.m. and 7:00 a.m. of the next day, inclusive; and
(O) Running or idling vehicles. The running or idling of a motor vehicle, while the motor vehicle is standing, parked or resting on a side drive between adjacent buildings.
(Ord. 84-10, passed 4-23-1984; Ord. 95-33, passed 10-10-1995; Ord. 06-24A, passed 5-24-2006)