The following acts are declared to be loud, annoying, frightening, disturbing and unnecessary noises in violation of this section. Any of the following acts, among others for which the enumeration shall not be deemed to be exclusive, which result in the creation of noise which exceeds the applicable sound levels are prohibited. In the absence of a specific maximum noise level, a noise level which exceeds the ambient noise level by 5 dB(A) or more, when measured at the nearest property line shall be deemed a prima facie violation of this subchapter. Although a violation may occur without a measuring test, for the purpose of determining and classifying any noise as loud, disturbing, and raucous, the following tests or measurements may be applied.
(A) (1) No person shall operate a motor vehicle unless the motor vehicle is equipped with a muffler, or other exhaust system of the type installed at time of manufacture, in good working and is in constant operation to prevent excessive loud, raucous and disturbing noise. The original noise abatement devices shall not have been:
(a) Physically altered causing them to be less effective in reducing noise;
(b) Either removed or replaced by noise abatement devices which are not as effective in reducing noises as the original devices such as straight pipes or hollow core mufflers; or
(c) Altered with devices added to the original noise abatement devices, such that the noise levels are increased.
(2) No person shall create unnecessary loud, raucous or disturbing noise by operating any motor vehicle by the rapid throttle advance and throttle closing of an internal combustion engine, thereby sharply increasing and decreasing the rpm’s (revving), resulting in increased noise from the engine.
(3) No person shall create unnecessary loud, raucous or disturbing noise by operating an un-mufflered “Jake Brake” on a motor vehicle resulting in increased noise from the engine, unless the “Jake Brake” is used for emergency purposes.
(B) The sounding of any horn or signal device or any device on any automobile, motorcycle, bus or other vehicle, while not in motion, except as a danger signal if another vehicle is approaching out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time;
(C) The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicles;
(D) The use or operation of any air horn, piano, musical instrument, manual or automatic music player, phonograph, radio, loudspeaker or any other instrument, or sound amplifying devices so loudly as to disturb persons in the vicinity thereof, or in such a manner as renders the same a public nuisance;
(E) The owning, possessing, harboring or controlling of any animal which barks, bays, cries or makes any other noise continuously or incessantly for a period of 10 minutes or makes the noise intermittently for ½ hour or more causing a noise disturbance; provided however, that at the time the animal is making the noise no person is trespassing or threatening to trespass upon private property in or upon which the animal is situated;
(F) The erection (including excavation), demolition, alteration or repair of any building or structure in a residential or business district other than between the hours of 7:00 a.m. and 9:00 p.m.; except in the case of urgent necessity in the interest of public safety and then only with a permit or letter from the Mayor or designee, which permit may be renewed for a period of 3 days while the emergency continues;
(G) The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(H) The creation of any excessive noise on any street adjacent to any school, institution of learning, court or public meeting facility, or within 150 feet of any hospital or medical office or facility, which unreasonably interferes with the working of the institution, provided conspicuous signs are displayed indicating that the same is a school, court, public facility or medical facility;
(I) The sounding of any bell, gong, loudspeaker or amplifier attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof;
(J) The use of any drum, musical instrument, loudspeaker or amplifier or other instrument or device for the purpose of attracting attention by creation of noise to any performance, display of merchandise, show or sale;
(K) The use of any mechanical loudspeakers or amplifiers on trucks or other stationary or moving vehicles for advertising purposes or other purposes; and/or
(L) Operation of outdoor amplified music or public address systems between the hours of 11:00 p.m. and 7:00 a.m.
(2002 Code, Ch. 84, § 84.04) (Ord. passed 6-23-2003; Am. Ord. passed 4-20-2004; Am. Ord. passed 7-19-2011)