The following acts, among others, are hereby declared to be loud, disturbing, annoying, injurious and unnecessary noises which are in violation of this subchapter, but said enumeration shall not be deemed to be exclusive, to wit:
(A) Radios, phonographs, loud speakers. The playing, using or operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loud speaker or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, repose, comfort, welfare and enjoyment of the neighboring residents 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 place 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 11:00 p.m. and 6:00 a.m. the following morning in such manner as to cause unnecessary or objectionable noise penetrating more than a reasonable distance from the room, building, structure, place, or vehicle from which the noise emanates shall be prima facie evidence of a violation of this section.
(B) Yelling, shouting, loud talking. Yelling, shouting, hooting, whistling, singing or loud talking on the public streets or places or on private property, particularly between the hours of 11:00 p.m. and 6:00 a.m. the following morning or at any other time or place so as to unreasonably annoy or disturb the quiet, comfort, repose, welfare or enjoyment of persons in any office, dwelling, hotel or other type of residence or any persons in the vicinity thereof.
(C) Animals. The keeping of any animal which by causing frequent or long continued noise shall disturb the quiet, comfort, repose, welfare or enjoyment of any persons in the vicinity thereof.
(D) Whistles. The blowing of any locomotive whistles or whistles attached to any stationary boiler or air compressor of any kind or of any sirens 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 public authorities.
(E) Exhaust and motor idling.
(1) 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, or the permitting of the motors in motor vehicles to idle in the "warming up" process or the unnecessary racing of motors, particularly the idling or racing of truck motors, whether diesel or gasoline powered, either on the public street, public ways or public places or on private property. The operation of any such motor, motor vehicle or machine between the hours of 11:00 p.m. and 6:00 a.m. the following morning in such a manner as to cause unnecessary or objectionable noise penetrating more than a reasonable distance from the room, building, structure, vehicle or place from which the noise emanates, whether on public property or on private property, shall be prima facie evidence of a violation of this section.
(2) All internal combustion engines must be equipped with an adequate muffling device to eliminate effectively all unnecessary or excessive exhaust noise, and it shall be unlawful to operate a motor vehicle equipped with a muffler from which one or more baffles have been removed. Further, prolonged idling or operating or excessive racing of any type of engine, particularly trucks, operating at any location, either on public or private property, may not be done when such operation causes unnecessary or excessive noise. It shall be unlawful to operate a motor vehicle at any time on the streets of the city with the so-called "cut out" open. It is not intended that this section shall apply to vehicles operated in conjunction with an organized event such as a fair or exposition.
(F) Defect in vehicle or load. The use of any motor vehicle, motor cycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, pounding, rattling or other disturbing noises.
(G) Loading, unloading, opening boxes. The creation of loud and excessive noise in connection with loading and unloading of any vehicle or the opening or destruction of bales, boxes, crates and containers between the hours of 11:00 p.m. and 6:00 a.m. the following morning.
(H) Construction or repairing of buildings. The erection, (including excavating) demolition, alteration or repair of any building other than between the hours of 6:00 a.m. and the following 11:00 p.m. of each week day which is attended by loud, continuous or unusual noises penetrating more than a reasonable distance outside the property lines of the property from which the noise originates except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the city, which permit may be granted for a period of not to exceed three days while the emergency continues, which permit may be renewed for periods of three days while the emergency continues. If the city should determine that the public health, safety, quiet, repose, welfare, or convenience of the residents of the city, will not be impaired by the erection, demolition, alteration or repair of any buildings or the excavation of streets, highways or public places between the hours of 11:00 p.m. and 6:00 a.m. of the following morning then upon application being made a permit for such work may be issued during the progress of the work.
(I) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while such buildings are being used, or adjacent to any hospital, which unreasonably interferes with the operation and use of such institution or building or which disturbs or unduly annoys patients in such hospital, provided conspicuous signs are displayed in such streets indicating the location of such school, institution of learning, church, court or hospital.
(J) Pile drivers, hammers, automatic screw machines, compressed air pumps, etc. The operation between the hours of 11:00 p.m. and 6:00 a.m. of the following day of any type of noisy machine such as a pile driver, steam or power shovel, drop forge, pneumatic hammer or chisel or riveting machine, electric drill, drill press, punch press, steam or electric hoist, automatic screw machine, compressed air engine, air compressor, power saw or other appliance, the use of which is attended by loud, continuous or unusual noises in such a manner as to cause unnecessary or reasonable objectionable noise penetrating more than a reasonable distance outside the property lines of the property from which the noise originates; provided however, that in the event of an emergency which affects the public health or safety, the city may issue a special permit for a limited time only for the use of any such equipment or appliances as may be necessary.
(K) Blowers. The operation of any noise-creating blower or power fan unless the noise from such blower or fan is muffled sufficiently to deaden such noise and not cause unnecessary or unreasonably objectionable noise penetrating more than a reasonable distance from the nearest point on the property, either public or private, where such noise is created.
(Ord. 164, passed 12-17-73; Am. Ord. 292, passed 3-19-07)