(A) General prohibition. It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise as defined in this chapter. Unreasonable noise disturbs, injures or endangers the peace or health of another or the health, safety, or welfare of the community. Such noise constitutes the disturbance of the peace and a public nuisance. Loud and unreasonable noise, for the purpose of this chapter, is defined as noise that is plainly audible to a reasonable person of normal sensitivities using his or her unaided hearing faculties at such times and distances proscribed below. To be plainly audible does not require the listener to be able to determine specific characteristics of the noise, e.g. the words of a song being played, but only that the listener hears the noise, e.g. the boom of the song's base.
(B) Express prohibitions. The following acts are noise disturbances:
(1) Radios, television sets, musical instruments, phonographs, and similar devices, including motor vehicle sound equipment. The operation or permitting the use or operation of any musical instrument, radio, television, phonograph, or other device for the production or reproduction of sound in such a manner as to be plainly audible:
(a) From the source of the noise through the walls separating dwelling units within the same multifamily building; or
(b) From the source of the noise to within a dwelling unit located on another property than that from which the noise emanates; or
(c) From the source of the noise within the right-of-way to within a dwelling unit; or
(d) From the source of the noise to a distance of fifty (50) feet or greater.
(2) Parties and other social events. In the event the source of the proscribed noise is a private party or social event, the responsible person for the offense shall be any or all of the following:
(a) The owner of the premises;
(b) The occupant of the premises; or
(c) The person authorized to make use of the premises for such event.
(3) Machinery and construction noise. Machinery and construction noise that is plainly audible at any distance but reasonable to the nature of the work performed is not prohibited under this chapter from the hours of 7:00 a.m.. to 9:00 p.m. Such noise that is plainly audible from the source of the noise to a distance of fifty (50) feet is prohibited between the hours of 9:00 p.m. and 7:00 a.m. Excepted from this prohibition are works necessitated by an emergency. The determination of whether or not an emergency exists for the purpose of this chapter shall be made by the Mayor, Chief of Police or ranking police officer on duty at the time of the emergency or the Fire Chief.
(4) Loudspeakers utilized for commercial purposes. Noise from loudspeakers used for commercial purposes and used in the ordinary course of business, i.e., ice cream truck or auction that is plainly audible at a distance of fifty (50) feet is not prohibited under this chapter from the hours of 7:00 a.m. to 9:00 p.m.
(5) Noise not otherwise prohibited (in specific provisions above). Noise from any other source, including, but not limited to, barking dogs, car engines, use of a “jake” brake, human voices and fire-works, which are plainly audible:
(a) From the source of the noise through the walls separating dwelling units within the same multi-family building; or
(b) From the source of the noise to within a dwelling unit located on another property than that from which the noise emanates; or
(c) From the source of the noise within the right-of-way to within a dwelling unit; or
(d) From the source of the noise to a distance of fifty (50) feet or greater.
(Ord. 01-2013, passed 4-9-13)
Cross reference:
Penalty for violation, see § 56.999