The following acts among others, are declared to be loud, disturbing or excessive noise in violation of this chapter but this enumeration shall not be deemed to be exclusive.
(A) The sounding of any horn or signaling device of any motor vehicle on any public right-of-way, except as a danger warning signal or as provided in the vehicle code of the state, or the sounding of any device for an unnecessary and unreasonable period of time, at any place.
(B) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum or other device for the production or reproduction of sound, in such a manner as to cause noise disturbance, or operating such a device in a manner so as to be plainly audible across property boundaries, or through partitions common to 2 parties within a building, or plainly audible at 25 feet from the device when operated within a motor vehicle parked on a public right-of-way.
(C) Using or operating any mechanical device or loudspeaker in a fixed or movable position exterior to any building, in a manner so that the sound therefrom is plainly audible and causes a noise disturbance beyond the property boundary of work. Emergencies are exempt from this provision.
(D) Selling anything by outcry within any area of the city zoned primarily for residential uses, except between the hours of 9:00 a.m. and 6:00 p.m.
(E) Owning, keeping, possessing, or harboring any animal which, by frequent or habitual howling, barking, meowing, squawking or other noisemaking, causes a noise disturbance. The provisions of this division shall also apply to all private or public facilities, including any animal pounds, which hold or treat animals.
(F) Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans, containers or other similar objects between the hours of 7:00 p.m. and 7:00 a.m. the following day, in a manner as to cause noise disturbance.
(G) Repairing, rebuilding, modifying, or testing any motor vehicle or off road vehicles or motorboat in or near a residential use district in a manner as to cause noise disturbance.
(H) Operating or permitting the operation of powered model vehicles or power lawnmowers between the hours of 9:00 p.m. and 7:00 a.m. the following morning, in a manner as to cause a noise disturbance.
(I) The operating or permitting to be operated, of any motor vehicle which can compact or collect refuse between the hours of 7:00 p.m. and 7:00 a.m. the following day in a residential district or directly adjacent to a residential district.
(J) Operating or permitting the operation of the motor of any motor vehicle whose manufacturer’s gross weight is in excess of 10,000 pounds, or any attached auxiliary equipment for a period longer than 3 minutes in any hour while the vehicle is stationary on public or private property and is not within a completely enclosed structure. This section shall not apply to buses and taxis operated for the transportation of passengers while standing in established bus or taxi turnarounds, terminals, lots or storage yards.
(K) Using or causing the use of any device that creates a vibration which is above the perception threshold of an individual beyond the property boundary of the source, on private property, and causes a noise disturbance.
(1) It shall be unlawful to discharge into the open air, the exhaust of any stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(2) No person shall modify or change the exhaust muffler, intake muffler or any other noise abatement device of a motor vehicle in a manner that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured.
(M) Creating a noise disturbance within the vicinity of any school or other institution of learning, hospital, nursing home, court or other designated area where exceptional quiet is necessary, while the same are in use; provided, that conspicuous signs are displayed in adjacent or contiguous streets, indicating that the vicinity is a quiet zone.
(N) (1) The squealing of automobile or truck tires in a manner as to create a noise disturbance.
(2) Emergency accelerating, stopping or swerving shall be exempt from this provision.
(O) No person within the city shall play, use, operate or permit to be played, used or operated, any radio, CD player, tape recorder, cassette player, digital satellite system or any other device for sending or receiving a broadcast sound or for recorded sound if the device is located:
(1) In, on or associated with any motor vehicle on the public right-of-way or on public spaces; and if the sound generated by the device is plainly audible to a person at a distance of greater than 50 feet from that motor vehicle in any direction;
(2) In addition to a citation written under this section, a motor vehicle that is used in violation of supra, may be considered a public nuisance and is subject to seizure, towing and impoundment by the Police Department;
(3) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure, towing and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility approved by the Board of Public Works;
(4) The motor vehicle will be held at the approved towing facility and may be repossessed by the registered owner upon paying all expenses of towing, impoundment and storage; and (Unclaimed vehicles will be disposed of as per the provisions of § 98.24 of this code.)
(5) All penalty provisions as set out under § 97.99 shall also apply.
(Prior Code, § 97.11) (Ord. 4083, passed 3-24-1975; Am. Ord. 7619, passed 9-27-1993; Am. Ord. 8060, passed 3-31-1998; Am. Ord. 8583, passed 7-26-2004) Penalty, see § 97.99