§ 10.30  PUBLIC NUISANCE NOISES PROHIBITED.
   (a)   It shall be unlawful for any to make, continue, permit, or cause to be made or continued, any loud, unnecessary or unusual or any within the city which would be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable of ordinary sensibilities. The following non-exclusive characteristics and conditions shall be considered in determining whether a is loud, disturbing or excessive for the purposes of this section:
      (1)   The time of day or night the occurs;
      (2)   The duration or recurrence of the ;
      (3)   The proximity of the source to any location reasonably identifiable as a , residential dwelling unit, school, institution of learning, hospital, church, courthouse or office, such that it is reasonably likely to interfere with the peace, quiet, repose or operation of that property;
      (4)   The number of people and their activities that are affected or likely to be affected by the ;
      (5)   The land use, nature and zoning of the area from which the emanates and the area where it is perceived; and
      (6)   The , if known, in comparison to the level of .
   (b)   The following acts constitute a presumptive public nuisance:
      (1)   Horns, signaling devices and the like. The continual sounding of any horn or signaling device on any automobile, motorcycle or other vehicle for a period of at least 15 seconds even if interrupted by short gaps in , on any street, public place or private property within the city except as a danger warning;
      (2)   Radios, phonographs and the like. The use, operation or permitting the playing, use or operation of any radio receiving set, musical instrument, phonograph or other machine or device for the amplification, production or reproduction of at any time in such manner as to be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable of ordinary sensibilities who might be in its vicinity or between the hours of 10:00 p.m. and 7:00 a.m. at such a volume so as to be plainly audible at the real property boundary of the building, structure, residence or other area in which the device is located;
      (3)   Amplified from a . The use, operation or permitting the playing, use or operation of any radio receiving set, musical instrument or other machine or device for the amplification, production or reproduction of within a at a volume where it is audible by any from a distance of 50 feet or a distance of five lengths or more from the source. Where the owner is present that is responsible for any violation of this subsection (b)(3). If the owner is not present, the driver or in control of the vehicle is responsible for any violation of this subsection (b)(3). In addition to an owner or driver, any who controls or assists with the amplification, production or reproduction of the in violation of this subsection (b)(3) is an additional responsible party;
      (4)   Loud speakers, amplifiers for advertising and the like. The use, operation or permitting the playing, use or operation of any radio receiving set, musical instrument, phonograph, loud speaker, amplifier or other machine or device for the production or reproduction of which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, except as may be licensed by the city pursuant to Article V of this chapter;
      (5)   Yelling, shouting and the like. Yelling, shouting, hooting, whistling or loud singing on the public streets within 50 feet of a residential dwelling unit or , between the hours of 10:00 p.m. and 7:00 a.m.;
      (6)    made by animals. made by dogs and other animals shall be governed by the provisions of the Animal Code, Article IV of Chapter 12 of this code;
      (7)   Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except:
         (A)   To give notice of the time to begin or stop work;
         (B)   To give warning of fire or danger; or
         (C)   Upon request of proper city authorities.
      (8)   Exhaust.
         (A)   The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or except through a properly working muffler or other device that is in constant operation and effectively prevents loud or explosive engine noises, blends exhaust into the overall vehicle to prevent excessive or unusual , such as sharp popping or crackling , or other likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable of ordinary sensibilities in its vicinity; and
         (B)   Mufflers of the type commonly known as “Hollywood mufflers” or a muffler cutout, bypass or similar device shall not be permitted on vehicles operated within the city.
      (9)   Defective vehicle, loads or noisy vehicle operation. The non-emergency use or operation of any automobile, motorcycle, scooter, recreational vehicle or other type of , which by its out-of-repair condition, manner of loading or operation at such speeds or in such manner as to create loud and unnecessary grating, grinding, squealing of tires, rattling or other so as to be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable of ordinary sensibilities in its vicinity;
      (10)   Loading, unloading, unpacking and the like. The creation of a loud and excessive in connection with loading, unloading or unpacking of any vehicle so as to be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable of ordinary sensibilities in its vicinity; and
      (11)   Engine-braking. The use of a device in non-emergency situations to slow the speed of an internal combustion engine powered on city streets or without an exhaust muffler in good working order or other device that is effective in preventing loud engine roaring, staccato popping or growling resulting from the use of the .
(1958 Code, §§ 166.02, 166.03)  (Ord. 168, passed 1-8-1952; Ord. 71-59, passed 8-2-1971; Ord. 74-67, passed 8-19-1974; Ord. 75-49, passed 9-22-1975, renumbered to § 166.09; Ord. 96-58, passed 10-21-1996; Ord. 2005-29, passed 7-18-2005; Ord. 2010-28, passed 11-1-2010)