A. Prohibited Public Disturbances; Penalty:
1. It is unlawful for any person to disturb the peace or quiet of another by loud or unusual noise or by tumultuous conduct or by threatening or yelling in a manner likely to incite another to violence.
2. It is unlawful for any person to cause noise that constitutes a public disturbance. It shall also be unlawful for any person in possession of real property to allow to originate from the property, noise that constitutes a public disturbance. For purposes of this section, "public disturbance" shall be any sound that unreasonably disturbs or interferes with the peace, comfort or repose of owners or possessors of real property, including, but not limited to, sound that emanates from any of the following sound sources:
a. Music, stereo or sound systems.
b. Loud arguing or boisterous conduct.
c. Construction work in or adjacent to a residential zone between the hours of nine thirty o'clock (9:30) P.M. and seven o'clock (7:00) A.M. on weekdays, and between the hours of nine o'clock (9:00) P.M. and nine o'clock (9:00) A.M. on weekends.
d. Sports or other entertainment activities in or adjacent to a residential zone between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
e. The use of machinery or motorized or power tools and equipment in or adjacent to residential zones between the hours of nine thirty o'clock (9:30) P.M. and seven o'clock (7:00) A.M. on weekdays, and between the hours of nine o'clock (9:00) P.M. and nine o'clock (9:00) A.M. on weekends except for specialized equipment used for seasonal and periodic snow removal.
f. The repetitive or continuous starting, testing or operation of a motor vehicle, including a motorcycle, in a residential zone. (Ord. 8-27-97A, 8-27-1997; amd. 2004 Code)
g. The use of engine brakes, also known as jake brakes. (Ord. 2-15-2005C, 2-15-2005)
B. Exemptions To Public Disturbances; Permit Required; Penalty:
1. Sounds created by emergency activities or emergency vehicles; sounds giving warning of emergencies; and sounds associated with emergency work shall be exempt from the provisions of this section. "Emergency work" shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.
2. Sounds created by parades, carnivals, special public social events, or special construction projects may be exempted from the noise provisions of this section. An exemption is granted by a permit from the Mayor, which must be in writing and shall describe:
a. The special nature of the exempted event; and
b. The time period for which the exemption is in force.
3. The permit shall be for one event only. The Mayor may impose reasonable conditions on the issuance of a permit as necessary to protect the public peace and welfare. The permit may be withdrawn if the provisions thereof are violated.
C. Use Of Police At Large Parties Or Gatherings Requiring Second Response:
1. When a "public disturbance", as defined below, occurs, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable to the City for the cost of providing police personnel or special security assignment over and above the services normally provided. The costs of such special security assignments may include minor damages to City property and/or injury to City personnel. The costs charged will not be in excess of five hundred dollars ($500.00) for a single incident. The City reserves its legal options to elect other legal remedies.
2. A "public disturbance" exists when one or more persons:
a. Violate or participate or assist in any conduct that is part of the violation of any law or ordinance;
b. Participate or assist in any conduct that reasonably threatens to cause a violation of any law or ordinance; or
c. Engage in any noncriminal conduct that, based on the standard of a reasonable person of normal sensitivity, disturbs or unreasonably threatens to disturb the public peace, health, safety, or general welfare of persons in the vicinity of the conduct.
D. Penalty: Violation of this section is a Class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this Code. (Ord. 11-16-94A, 11-16-1994; amd. 2004 Code)