A. Prohibited: It shall be unlawful for any person to make, continue or cause to be made or continued, any loud, unnecessary or 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. (1961 Code § 6-5-1)
B. Noises Constituting Violation: The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive:
1. Horns, Signaling Devices: 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 danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time.
2. Radios, Phonographs: The 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 manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00 A.M.) in such a manner as to be plainly audible at a distance of fifty feet (50') from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
3. Loudspeakers, Amplifiers For Advertising: The 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 or reproducing 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; provided, that a permit may be issued to any person or organization by the city clerk for the use of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound, if the city clerk shall find that such use will not impair the public health, comfort, convenience, safety or welfare of the city, said permit to be for a period not to exceed five (5) days.
4. Yelling, Shouting: Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M., 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 persons in the vicinity.
5. Animals, Birds: The keeping of any animal or bird, which by causing frequent or long continuous noise, shall disturb the comfort or repose of any person in the vicinity.
6. Steam Whistles: The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon the request of proper city authorities.
7. Exhausts: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
8. Defect In Vehicle Or Load: The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as create loud and unnecessary grating, grinding, rattling or other noise.
9. Loading, Unloading, Opening Boxes: The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
10. Construction Or Repairing Of Buildings: The erection, including excavating, demolition, alteration or repair of any building or other types of construction or demolition, other than between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the City Clerk, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues. If the City Clerk should 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 six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. on weekdays or Sunday, and if he shall further determine 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 six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. on weekdays or Sunday upon application being made at the time the permit for the work is awarded or during the progress of the work 1 .
11. Schools, Courts, Churches, Hospitals: The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital; provided, conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
12. Hawkers, Peddlers: The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
13. Drums: 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. Metal Rails, Pillars And Columns, Transportation: The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
15. Blowers: The operation of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. (1961 Code § 6-5-2)
C. Penalty: Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and subject to penalty as provided in section 1-4-1 of this Code. (1961 Code § 6-5-3; amd. 2006 Code)
Notes
| 1 | 1. See also subsection 7-3-7R of this Code. |