The following acts, and the causing or permitting thereof are declared to be in violation of this chapter:
(a) Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary.
(b) Explosives, Firearms and Similar Devices. The using or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, without first obtaining a special variance, with the exception of public display.
(c) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
(d) Adequate Mufflers or Sound Dissipative Devices.
(1) Operating or causing to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation.
(2) Removing or rendering inoperative, or causing to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle.
(3) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat, except through a muffler or other device in good working order and in constant operation.
(e) Motor Vehicles.
(1) Operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, between the hours of 9:00 p.m. and 6:30 a.m. the following day.
(2) Racing the motor of any vehicle unnecessarily or operating any motor vehicle, except in an emergency in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the pavement or other surface, commonly called "peeling".
(f) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, between the hours of 9:00 p.m. and 6:30 a.m. the following day, in such a manner as to cause a noise disturbance across a residential real property boundary.
(g) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work:
(1) Between the hours of 9:00 p.m. and 6:30 a.m., such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities by special variance.
(2) This subsection (g) shall not apply to the use of domestic power tools subject to subsection (k) hereof.
(h) Emergency Signaling Devices.
(1) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsections (h) (2) and (3) hereof.
(2) Testing of a privately owned stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 9:00 p.m. or the closing time of a commercial establishment, whichever shall occur later. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.
(3) Testing of the complete privately owned emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur before 8:00 a.m. or after 9:00 p.m. In no case shall such test time exceed ten minutes.
(4) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, unless such alarm is automatically terminated within two minutes of activation or within a reasonable time after notification of activation.
(5) The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger.
(i) Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:
(1) Between the hours of 9:00 p.m. (Sunday - Thursday) and 8:00 a.m., the following day and midnight (Friday and Saturday) and 8:00 a.m., the following day in such a manner as to create a noise disturbance across a residential real property boundary; or
(2) In such a manner as to create a noise disturbance at fifty feet (fifteen meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space.
(j) Loudspeakers and Public Address Systems. Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public space for any purpose whatever.
(k) Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or other similar device used outdoors, other than powered snow removal equipment, in residential areas between the hours of 11:00 p.m. and 6:00 a.m. so as to cause a noise disturbance across a residential real property boundary.
(l) Powered Model Vehicles.
(1) Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 11:00 p.m. and 6:00 a.m. the following day.
(2) During the permitted period of operation, maximum sound levels in a public space shall not exceed seventy-five dBa measured at a distance of fifty feet from any point on the path of the vehicle.
(3) During the permitted period of operation, maximum sound levels in a public space shall not exceed sixty dBa measured at a distance of fifty feet from any point on the path of the vehicle.
(m) Vibration. Operating or permitting the operation of any device that creates a vibration perception threshold of an individual at or beyond the property boundary of the source. For the purposes of this section, "vibration perception threshold" means the minimum ground or structure-borne vibration motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
(Ord. 7170-01. Passed 5-14-01.)