(A) It is hereby declared to be a public nuisance and it is unlawful for any person, firm, or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, stores, or any place of public amusement, entertainment, or accommodation, to play or permit to be played any music or musical instrument or instruments whether played by individuals, orchestra, radio, phonograph, music box, or other mechanical device or means in such a loud or unusual manner as to be offensive to the senses, or as to disturb the sleep, peace, and quiet, or otherwise interfere with or annoy the comfortable enjoyment of life or property of any considerable number of persons in the neighborhood, and is no less a nuisance because the extent of the annoyance inflicted is unequal.
(B) It is unlawful to play, operate, or use any device known as a sound track, loud speaker or sound amplifier, radio, or phonograph with loud speaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle shall have first applied to and received permission from the Chief of Police to operate any such vehicle so equipped.
(C) It shall be unlawful for any person to make or continue, or cause or permit to be made or continued, any excessive, unnecessary, or offensive noise which disturbs the peace or quiet of any adjoining property or neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, including, but not limited to, the keeping of any animals that disturb the peace by the emission of unreasonable loud noises at any time of the day or night.
(D) 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 8:00 p.m. of one day and 5:00 a.m. of the next day in such a manner as to create an excessive, unnecessary, or offensive noise, such that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance. Notwithstanding the foregoing, construction or repair work shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m. on any Saturday, Sunday, or holiday, unless such other times are allowed by written authorization as set forth in section (F) below.
(E) It shall be unlawful for any person, between the hours of 8:00 p.m. and 5:00 a.m. the following day, to operate or maintain equipment or perform any outside construction or repair work on buildings, structures, or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device within 500 feet of a completed and occupied residential structure. This prohibition shall further extend to all construction-related activity, including set-up work and travel to and from the construction site, and under no circumstance shall construction travel which passes within 500 feet of a completed and occupied residential structure occur outside the times set forth herein, unless such other times are allowed pursuant to section (F) below. On Saturday, Sunday, or any holiday recognized by the City, such construction or repair work shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m., unless such other times are allowed by written authorization as set forth in section (F) below.
(F) Exceptions are as follows.
(1) Construction and repair work otherwise may be conducted at different times and at higher noise levels than otherwise permitted, if upon written application to the City’s Growth Management Department or Public Works Department, as applicable, a permit is obtained beforehand from the applicable City department. The permit shall be kept on the work site and shown to City officials or the City law enforcement agent on request. In granting such permit, the Growth Management Director or the Public Works Director, or his or her designee, shall consider if construction noise in the vicinity of the proposed work site would be less objectionable at night than during the daytime because of different population levels or different neighboring activities; if obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during the daytime; if the kind of work to be performed emits noises at such a low level as to not cause significant disturbance in the vicinity of the work site; if the neighborhood of the proposed work site is of such a character wherein sleep could be disturbed; if great economic hardship would occur if the work was spread over a longer time; if the work will abate or prevent hazards to life or property; if proposed early morning or night work is in the general public interest; and the Growth Management Director or the Public Works Director shall prescribe in the permit such allowable conditions, working times, types of construction equipment to be used, and permissible noise emissions as he or she deems to be required in the public interest.
(2) Other work, activities, or actions that otherwise would violate this section may be conducted at different times and at higher noise levels than otherwise permitted, if upon written application to the Growth Management Department or Public Works Department, as applicable, a permit is obtained beforehand from the applicable City department. The permit shall be kept on the site and shown to City officials or the City law enforcement agent on request and the Growth Management Director or the Public Works Director may prescribe in the permit such allowable conditions, times, restrictions, and permissible noise emissions as he or she deems to be required in the public interest.
(G) The following additional uses and activities shall be exempt from the provisions of this section:
(1) Noise from the normal operation of railroad trains;
(2) Noise created by any City vehicle, equipment, or facility while being operated for official use;
(3) Operation of agricultural equipment in connection with farming operations;
(4) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, or air traffic control instructions issued pursuant to or within duly adopted federal air regulations, together with any noise created by aircraft operated under, or pursuant to, declaration of an emergency under federal air regulations; and
(5) NOISES RESULTING FROM EMERGENCY WORK, which for purposes of this section, shall mean work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency which has or may result in a disruption of service and which is necessary to protect the health, safety, and welfare of persons or property.
(H) (1) It shall be unlawful for a person to operate or permit the operation of the engine of a commercial vehicle so as to assist in braking or slowing the vehicle through the use of any engine brake or engine retarding device on any street or roadway within the City unless the vehicle is an emergency services vehicle.
(2) The City’s Public Works Department shall post signs at the primary entrances to the City as deemed necessary to notify operators of commercial vehicles of such prohibition.
(Prior Code, § 11-1-11) (Ord. 08-11, passed 6-23-2008) Penalty, see § 130.99