(A) Noises prohibited.
(1) General prohibition.
(a) No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace safety or welfare of any person or precluded his or her enjoyment of property or affects his or her property’s value.
(b) This general prohibition is not limited by the specific restriction of the following divisions.
(2) Horns, audible signaling devices and the like. No person shall sound any audible signaling device on any vehicle, except as a warning of danger.
(3) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile, except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations.
(4) Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud unnecessary grating, grinding, rattling or other noise.
(5) Loading, unloading unpacking. No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle.
(6) Radios, phonographs, paging systems and the like. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system machine or other device for the production or reproduction of sound in a distinct and loudly audible manner so as to unreasonable disturb the peace, quiet and comfort of any person nearby.
(7) Participation in noisy parties or gatherings. No person shall participate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet or repose of another person. When a police officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately, no persons shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
(8) Loudspeakers, amplifiers for advertising and the like. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle without obtaining a permit from the city. The Council shall, from time to time, by resolution set the minimum standards that must be satisfied before a permit may be granted under this division (A)(8).
(9) Animals. No person shall keep any animal that disturbs the comfort, repose or person in the vicinity by its frequent or continued noise.
(10) Schools, churches, hospitals and the like. No person shall create any excessive noise on a street, alley or public ground adjacent to any school, institution of learning, church or hospitals, nursing homes or homes for the elderly when the noise unreasonable interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution.
(B) Hourly restriction on certain operations.
(1) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chains saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment, except between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday or between the hours of 9:00 a.m. and 9:00 p.m. on any Sunday or major holiday. Snow removal equipment and emergency equipment are exempt from this provision.
(2) Construction activities. No person shall engage in or permit construction activities involving the use of any kind of electric, diesel or gas powered machine or other power equipment, except between the hours of 7:00 a.m. and 10:00 p.m. on Monday through Saturday or between the hours of 9:00 a.m. 9:00 p.m. on any Sunday or major holiday. Emergency situations are exempt from this provision.
(C) Enforcement.
(1) Enforcement duties. The city’s Police Department shall enforce the provisions of this section related to noise and animals. The Police Department or its members may inspect private premises other than private residences and shall make all reasonable efforts to prevent violation of this section.
(2) Civil remedies. This section may be enforced by injunction, action for abatement or other appropriate civil remedy.
(3) Noise impact statements. The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration, or project that may be considered a potential noise source to submit noise impact statement on a form prescribed by the Council. It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applies for or the zoning change requested.
(4) Criminal penalties. Every person who violates any provision or this section is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $1,000 or imprisonment for a term or not to exceed 90 days, or both, plus in either case, the costs of prosecution. Each act or violation and each day a violation occurs or containers constitutes a separate offense.