1. Prohibited Noises Generally.
A. Standards for Determination of Violation. It is unlawful for any person to permit, make, continue, or cause any excessive or unusually loud noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the City. The standards which shall be considered in determining whether a violation exists shall include the following:
(1) The sound pressure level of the noise.
(2) Whether the origin of the noise is natural or manmade.
(3) The sound pressure level of the background noise.
(4) The proximity of the noise to residential sleeping facilities.
(5) The nature and zoning of the area within which the noise emanates.
(6) The time of the day or night the noise occurs.
(7) Whether the noise is recurrent, intermittent, or constant.
B. Enumeration of Prohibited Acts. Each of the following acts, among others, is hereby declared to be in violation of this section and is prohibited. The following enumerated acts shall not be construed as limiting or precluding enforcement of any other provision of this section.
(1) Loud Operation of Radios, Etc. The using, operating, or permitting to be placed, used, or operated of any radio receiving set, musical instrument, or other machine or device for the providing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants.
(2) Operation of Defective or Improperly Loaded Vehicle. The use of any automobile, motorcycle, or vehicle so out of repair or so loaded in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise.
(3) Creation of Noise Near Schools or Churches. The creation of loud and excessive noise on any street adjacent to any school, institution of learning, or church while the school, institution, or church are in use, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys those using the buildings.
(4) Repairing Vehicle During Certain Hours. The repair or rebuilding of any motor vehicle within any residential area of the City between the hours of 9:00 p.m. and 8:00 a.m. in such a manner that the reasonable person of normal sensitivities residing in the area is caused discomfort or annoyance.
(5) Discharge of Unmuffled Exhaust. The discharge into the open air of the exhaust of any steam engine, internal combustion engine, motorboat, or motor vehicle, or discharge of air or other gases, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(6) Unnecessary Use of Engine Brakes. The use of a Jacob Brake or any other engine brake within the City limits, except as required for safety purposes.
2. Group Noise. When a group of persons act together to create noise, each individual shall be deemed responsible as though solely the principal person producing the resultant noise.
3. Noise from Motor Vehicles. It is unlawful for any person to operate, or for the owner to cause or permit to be operated within the public right-of-way in this City, any motor vehicle which emits a noise in excess of 75 decibels measured at a distance of 25 feet.
A. Measurement. The sound level shall be measured on a sound level meter of standard design and quality operated on the “A” slow response weighting scale.
B. This section applies to a total noise from a motor vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this section.
C. Exceptions. The requirements, prohibitions, and terms of this section shall not apply to:
(1) Emergency work or any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency;
(2) Activities of a temporary duration, permitted by law, and for which a license or permit therefore has been granted by the City, including but not limited to parades;
(3) Reasonable or ordinary noises associated with athletic contest or lawful public meetings, parades, or celebrations;
(4) Noises from construction, landscaping, lawn care, and maintenance between the hours of 6:00 a.m. and 9:00 p.m.;
(5) Construction work;
(6) All other authorized activities occurring on government property.
D. Right to Additional Test. Where a motor vehicle is deemed to be in violation of this section, the owner thereof may transport it to a central testing location, the location to be determined by the Police Chief, where such vehicle may be tested under normal operating conditions for further evaluation. If the vehicle is reevaluated and found not to be in violation of the decibel standards as outlined, no further proceedings shall be instituted and any citation issued shall be dismissed. All costs of retesting shall be borne by the owner of the vehicle being tested.
4. Vibrations. Any vibration that can be felt beyond the property line in any zoning district, whether manufacturing, business, commercial, or residential, is in violation of this section, and no instrument is needed to make a determination of the vibration.