The following acts are declared to be violations of this section, but the enumeration shall not be deemed to be exclusive, namely:
(A) The keeping of any animal or bird which by frequent or loud continued noise shall disturb the comfort and repose of any person in the vicinity and the attaching of any bell on any animal or allowing the same to remain on any animal;
(B) The use of any automobile, motorcycle, or other vehicle, engine, stationary or moving instrument, device, or thing so used or repaired or so loaded in a manner as to create a loud and unnecessary granting, grinding, rattling, or other noise;
(C) The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city except as a necessary warning of danger to property or persons;
(D) The blowing of any steam whistle situated on any stationary boiler, except to give notice of the time to begin or to stop work or as a warning of danger or except at 11:00 a.m. on Veterans Day, 12:00 a.m. on New Year’s Eve, or upon proclamation of the Mayor or except as otherwise provided in this code;
(E) The use of any whistle on any locomotive engine which makes unnecessary noise with or by its whistle in any residential or business part of the city;
(F) The use of any mechanical device operated by compressed air, steam, or otherwise, unless the noise created thereby is effectively muffled and reduced;
(G) The erection, including excavation, demolition, alteration, or repair of any building or structure other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public safety;
(H) The use of any gong or siren upon any vehicle other than police, fire, or other emergency vehicle, as defined in Title VII of this code;
(I) Any excessive noise on any street adjacent to any hospital or other institution reserved for the sick or any school while the same is in session;
(J) The discharge into the open air of exhaust of any steam engine, stationary internal combustion engine, motor vehicle, or motor boat engine except through a muffler or other device which will effectively prevent loud or explosive noise therefrom;
(K) The use or operation of any electrical piano, phonograph, graphophone, radio, television, loudspeaker, or any instrument or sound producing or sound amplifying device in a manner or with volume as to annoy or disturb persons in the vicinity of the instruments or sound amplifying device; provided, that police and fire equipment shall be exempt from these prohibitions;
(L) The making of any noise upon the public street or in proximity thereto as to be distinctly and loudly audible upon the street, any noise of any kind by crying, calling, barking, or shouting or by means of any whistle, rattle, bell, gong, gripper horn, drum, loud speaker, amplifier, musical instrument, or other device for the purpose of advertising goods, wares, or merchandise or of attracting attention or of inviting patronage of any person to any business whatsoever; provided, that nothing contained in this division shall be construed to prohibit yelling by news delivery personsbetween the hours of 6:00 a.m. and 10:00 p.m. and, in the case of the sale of extra editions of newspapers, at any time;
(M) The operation of any noise-creating blower or power fan or any internal combustion engine or from any cracking process the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise;
(N) The playing, using, operating, or permitting to be played, used, or operated, any radio, tape recorder, cassette player, or other device for receiving broadcast sound or reproducing recorded sound if the device is located:
(1) On the public way; or
(2) In any motor vehicle on the public way; and if the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than 75 feet. This division shall not apply to any person participating in a parade or public assembly for which a permit has been obtained.
(O) No person within the city shall play, use, operate, or permit to be played, used, or operated, any radio, CD player, tape recorder, cassette player, digital satellite system, or any other device for sending or receiving a broadcast sound or for recorded sound if the device is located:
(1) In, on, or associated with any motor vehicle on the public right-of-way or on public spaces; and if the sound generated by the device is plainly audible to a person at a distance of greater than 50 feet from that motor vehicle in any direction;
(2) In addition to a citation written under this section, a motor vehicle that is used in violation of supra, may be considered a public nuisance and is subject to seizure, towing, and impoundment by the Police Department;
(3) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure, towing, and impoundment pursuant to this division, the police officer shall provide for the towing of the vehicle to a facility approved by the Board of Public Works and Safety; and
(Prior Code, § 131.31) (Ord. 0-97-0004, passed - -1997; Ord. 0-06-0024, passed 6-26-2006) Penalty, see § 131.999