(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXCESSIVE LOUD AND/OR HARSH NOISE. Any noise which is plainly audible by a person with normal hearing at a distance of 50 feet from its point of origin or emanation.
PERSON. Any person, firm, association, partnership, joint venture, corporation or any private entity of any nature.
(Prior Code, § 97.01)
(B) Prohibited activity.
(1) It shall be unlawful for any person within the city to make, continue or cause to be made or continued, any unreasonably loud, harsh, excessive or unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others unless the making and continuing of the noise is necessary for the protection or preservation of property or the life, health or safety of a person or persons.
(2) Said offensive noise activity may include, but is not limited to, sounds from horns, radios, stereos, any amplification system, musical instrument or any other device which causes noise of any kind.
(3) Further prohibited is the use or operation of any vehicle on any public or private property in such a manner as to produce any unreasonably loud, harsh or excessive noise, or to discharge into the open air the exhaust of any vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(4) A person may be cited as violating this section for the production of any noise that is excessively loud or harsh.
(Prior Code, § 97.02)
(C) Exempted noise. Specifically exempted from violation of this section are the following noises:
(1) Amplified noise for which a permit has been issued by the city’s Police Department;
(2) Noise from safety signals, warning devices and emergency pressure relief valves;
(3) Noise resulting from any authorized emergency vehicle or law enforcement activity or framing facilities;
(4) Noises resulting from construction or demolition activity;
(5) Noises from the use of farm machinery, lawn mowers or other machinery properly muffled utilized for agricultural or landscaping purposes;
(6) Noises originating or emanating from religious activities, public recreational facilities such as, but not limited to, fairgrounds, sport arenas, sports stadiums, amusement parks and other public amusement establishments; and
(7) The operation of any aircraft in conformity with, or pursuant to, federal law, federal air regulations and/or air traffic control instructions.
(Prior Code, § 97.03)
(Ord. 34-2003, passed 11-17-2003) Penalty, see § 97.99