(A) General provisions. Between the hours of 11:00 p.m. and 7:00 a.m., it shall be unlawful for any person owning, leasing, operating, or controlling the source of sound to make, allow, or continue any sound which would endanger or injure the health of humans, or annoy, disturb, injure, or endanger the peace, comfort, or repose of a reasonable person of normal sensitivities by the operation of any radio, phonograph, or other mechanical sound device or instrument or in the playing of any band, orchestra, musician, or group of musicians, or in the use of any device to amplify the aforesaid, or the making of loud outcries, exclamations, other loud or boisterous noises, or loud and boisterous singing by any person or group of persons or in the use of any device to amplify the aforesaid noise where the noise is clearly audible at the property line of the property from which the noise is generated.
(B) Notice to owner of rental property. If the violation occurs on the premises of a rental property, the owner and/or his or her agent of said property must be notified in writing by certified mail that a violation of division (A) above has occurred on said rental property, and that a complaint for violation of said division (A) above may be taken against him or her if said property owner and/or his or her agent fails to mitigate the activities of the person or persons who have rented said property.
(C) Other prohibited noises.
(1) Loading and unloading. It shall be unlawful to load, unload, open, close, or otherwise handle boxes, crates, containers, building materials, trash cans, dumpsters, or similar objects between the hours of 11:00 p.m. and 6:00 a.m. so as to project sound across a real property line, except as exempted under division (E) below.
(2) Power tools. It shall be unlawful to cause a noise disturbance across a real property line by operating any mechanically powered saw, sander, grinder, drill, lawnmower, garden tool, or similar device used outdoors, with the exception of snow blowers, before 7:00 a.m. Monday through Sunday.
(3) Radios, television sets, musical instruments, and similar devices. It shall be unlawful to operate, play, or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance across a real property boundary.
(D) Noise disturbance. For the purposes of this section, a NOISE DISTURBANCE is sound which annoys, disturbs, injures, or endangers the reasonable quiet, comfort, or repose of a reasonable person of normal sensitivities or the health or safety of others.
(E) Exemptions. The following uses and activities shall be exempt from this section:
(1) Noises of safety signals, warning devices, and emergency pressure relief valves, when used for such purposes;
(2) Noises resulting from any authorized vehicle when responding to an emergency call or acting in time of emergency;
(3) Noises resulting from emergency and maintenance work as performed by the city, by the state, or by public utility companies;
(4) Noises resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the city;
(5) Parades and public gatherings for which the City Clerk have issued a permit; and
(6) Any event licensed or issued a permit by the City Clerk.
(Ord. 2009-02, passed 10-5-2009) Penalty, see § 91.99