(A) Loud noises prohibited. No person shall make, continue, or cause to be made or continued any unreasonably loud, raucous, improper, continuous, offensive or unusual noise which disturbs, injures or endangers the reasonable comfort, repose, health, peace or safety of others within the city.
(B) Prohibited noises. The following acts, among others, are declared to be loud, raucous or disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place except as a danger warning; the creation by means of any such signaling device of any unreasonably loud and raucous sound; and any such signaling device for an unreasonable period of time; (The use of any signaling device except 1 operated by hand, electricity, or automatically when a vehicle is in reverse; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.)
(2) Using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated, and who is a voluntary listener; (The operation of any such set, instrument, phonograph, machine or device, in such a manner as to be plainly audible at a distance of 35 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.)
(3) Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;
(4) Yelling, hooting, whistling or singing on the public streets, or at any time or place, so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any person in the vicinity;
(5) The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity;
(6) The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(7) The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such a manner as to create unreasonably loud and unnecessary engine noise, grating, grinding, rattling or other noise;
(8) The operation of any motor vehicle or motorcycle in such a manner as to create excessive noise such as squealing of tires or other noise unrelated to engine noise or normal operation and noise created by unnecessary grinding, rattling or other vehicle disrepair;
(9) The creation of an unreasonably loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
(10) The erection (including excavating), demolition, alteration or repair of any building, other than between the hours of 5:30 a.m. and 9:00 p.m., except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Commissioner; (The permit may be granted for a period not to exceed 3 days or less while the emergency continues, and may be renewed for a period of 3 days or less while the emergency continues. If the Building Commissioner shall determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 9:00 p.m. and 5:30 a.m., and further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 9:00 p.m. and 5:30 a.m., upon application being made at the time the permit for work is awarded or during the progress of the work.)
(11) The creation of any unreasonably loud or raucous noise on any street adjacent to any school, institution of learning, church or court, while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which unduly disturbs patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street;
(12) The shouting and crying of peddlers, hawkers and vendors which disturbs the reasonable peace and quiet of the neighborhood;
(13) The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale;
(14) The transportation of rails, pillars or columns of iron, steel or other materials over and along streets and other public places upon carts, drays, cars, trucks or in any other manner, loaded so as to cause loud and raucous noises so as to disturb the reasonable peace and quiet of such streets or other public places;
(15) The operation between the hours of 9:00 p.m. and 6:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by unreasonably loud or unusual noise;
(16) The operation of any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes unreasonably loud and raucous 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;
(17) Any noise that exceeds a noise level of 83 dBA based on a distance from the noise source of not less than 15 feet, or any noise that can be heard more than 35 feet from its source and is inherently obnoxious or patently offensive shall be prima facie evidence of a noise prohibited by division (A) of this section. Noise that creates less decibels than 83 dBA from 15 feet also constitutes noise prohibited by division (A) if the noise otherwise constitutes a prohibited noise stated at division (B) of this section. Further, there is not any decibel measurement requirement to prove the existence of a noise prohibited by division (A).
(18) Operation by a business of outdoor public address systems within 500 feet of any residence.
(C) It shall be the duty of every homeowner, hotel manager, tavern or inn keeper, the owner or manager of any business in the city or motor vehicle driver to prevent persons using property under their control from violating this section.
(1979 Code, § 95.45) (Ord. 4178, passed 10-3-1994; Am. Ord. 4433, passed 7-12-1999; Am. Ord. 5116, passed 7-7-2008
) Penalty, see § 95.999