It shall be unlawful for any person to make, continue or cause to be made or continued, within the limits of the city, any disturbing, excessive or offensive noise that causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The characteristics that should be considered in determining whether a violation of the provisions of this section should include, but not be limited to, the following:
1. The level of the noise;
2. Whether the noise is usual or unusual;
3. Whether the noise is natural or unnatural;
4. The level of the ambient noise in the area;
5. The proximity of the noise to sleeping facilities;
6. The nature and zoning of the area from which the noise emanates, and the area where it is received;
7. The time of day or night the noise occurs;
8. The duration of the noise; and
9. Whether the noise is recurrent, intermittent or constant.
(Ord. 1397.09.04 § 1 (part), 2006)
A. The use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and sound amplifier, or other similar machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet or comfort of any reasonable person of normal sensitivity in any area of is prohibited; provided, however, this provision shall not apply to any participant in a parade, gathering or similar activity who has been authorized by the city to engage in such conduct.
B. Any of the following shall constitute prima facie violations of this section:
1. The operation of any device set forth in subsection A. hereof between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of fifty feet or more from the building, structure, vehicle or area where the source is located.
2. The operation of any sound amplifier, which is part of, or connected to, any radio, stereo receiver, compact disc player or other similar device, when operated in such a manner as to be plainly audible at a distance of fifty feet or more from the source, or when operated in such a manner as to cause a person to be aware of vibration accompanying the sound at a distance of fifty feet or more from the source.
(Ord. 1397.09.04 § 1 (part), 2006)
A. It shall be unlawful for any person within any residential area of the city to repair, rebuild or test any motor vehicle between the hours of 9:00 p.m. and 6:00 a.m. in such a manner as to create any excessive, unnecessary or offensive noise, such that a reasonable person or normal sensitivity residing in the area is caused discomfort or annoyance.
B. No person shall operate, or cause to be operated, any motor vehicle within the city unless the exhaust system of such vehicle:
1. Is free from defects which may cause sound level magnification;
2. Is equipped with a functioning muffler;
3. Has not been modified in such a manner which will amplify or increase the sound level emitted by the motor vehicle above that emitted by a muffler originally installed on the vehicle as manufactured for initial sale.
C. The use of any and all exhaust brakes, engine brakes, engine retarders, or similar devices shall be prohibited within the city; provided, however, that it shall be an affirmative defense to a violation of this paragraph that such device was used by the operator as a result of a bona fide emergency, and was reasonably necessary for the protection of persons and/or property.
(Ord. 1397.09.04 § 1 (part), 2006)
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