§ 95.27 PROHIBITED ACTS.
   (A)   General prohibitions. It shall be unlawful for any person to make, continue, or cause to be made or continued, any loud, unusual noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others within the limits of the city provided that such noise is:
      (1)   Audible from a distance of 150 feet or more from the source of the noise; and
      (2)   Conducted, caused or created between the hours of 11:00 p.m. and 7:00 a.m. the following day.
   (B)   Specific prohibitions.
      (1)   The following acts are declared to be in violation of this subchapter when said acts produce noise which is:
         (a)   Audible from a distance of 150 feet or more from the source of the noise; and
         (b)   Conducted, caused or created between the hours of 11:00 p.m. and 7:00 a.m. the following day.
      (2)   The following are examples of such acts. Said enumeration shall not be deemed to be exclusive:
         (a)   Horns, signaling devices. Except as otherwise provided in division (D)(1) below, the sounding of any horn or signaling device on any automobile, motorcycle or other vehicle in the city, except as a danger warning.
         (b)   Radios, musical instruments and similar devices. The using, operating, or permitting the operation or playing of any radio, television, phonograph, musical instrument, television set or similar device which produces or reproduces noise.
         (c)   Loudspeakers, amplifiers for advertising. The using, operating or permitting the operation or playing of any loudspeaker, radio receiving set, sound amplifier, or other similar device for the producing or reproducing of noise for the purpose of commercial advertising.
         (d)   Animals. The owning, possessing or harboring of any animal or bird which frequently or for continued duration, howls, barks, squawks, or makes other noise.
         (e)   Automobiles.
            1.   The use of any automobile, motorcycle, or vehicle so out of repair or so loaded in such a manner as to create noise.
            2.   The repairing, rebuilding, modifying or testing of any automobile, motorcycle, or vehicle in such a manner as to create noise.
         (f)   Loading and unloading. The loading, unloading, opening, or other handling of boxes, crates, containers, building materials, garbage cans or similar objects in residential areas in such a manner as to create noise. This division shall not be applied to the loading and unloading of delivery trucks to commercial properties or businesses.
         (g)   Construction. The operating or causing the operation of any tools or equipment used in the construction, erection, excavation, demolition, alteration, or repair work, except in the case of emergency in the interest of public health and safety, and then only with the permission of the city's Building Inspector. Said permit may only be granted for a period of three consecutive days while the emergency continues and said permit may be renewed for periods of three days or less while the emergency continues.
         (h)   Vendors. Offering for sale or advertising by the shouting or outcry of hawkers, peddlers or vendors. The provisions of this division shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at sporting events, parades, fairs, circuses, or other similar public entertainment events.
         (i)   Pile drivers, hammers, blowers, lawn mowers, and chain saws. The operation of any pile driver, steam shovel, pneumatic hammer, derrick, blower, power fan, internal combustion engine, lawn mower, or chain saw.
   (C)   Additional prohibitions.
      (1)   Mobile motor vehicles. It shall be in violation of this subchapter at all times to use, operate or play any sound-reproducing device in a mobile motor vehicle when such noise or vibration caused therefrom is plainly audible from a distance of 150 feet or more from the source of the noise.
   (D)   Exceptions.
      (1)   The provisions of this subchapter shall not apply to noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community, or to restore property to a safe condition following an emergency or calamity. This exception includes, but is not limited to, the sounding of sirens or horns of an emergency vehicle and the sounding of a public emergency siren.
      (2)   The provisions of this subchapter shall not apply to noise caused at public sporting events, parades, fairs, circuses, or other similar public entertainment events.
      (3)   Nothing in this subchapter shall be construed to affect the reasonable giving of information for religious, cultural or political purposes or the usual and reasonable operation of railways, airplanes and motor vehicles or to prohibit the reasonable use of automobile warning devices, the reasonable ringing of church bells, the reasonable and ordinary noises attendant to athletic contests, lawful public or semipublic meeting or parades, or celebrations at meeting places such as community centers, schools, or churches, or the right of free speech guaranteed to the citizens of the United States.
(Ord. O-6-95, passed 5-1-95) Penalty, see § 95.99