A. It shall be unlawful and a nuisance for any person to make, continue or cause to be made or continued any loud, disturbing, unnecessary or unusual noise, or any noise which either annoys, disturbs, injures and endangers the comfort, repose, health, peace or safety of others within the city.
B. The following acts, among others, are declared to be loud, disturbing, unnecessary, or unusual noises in violation of this chapter, but the enumeration shall not be deemed to be exclusive, namely:
1. Horns, Signaling Devices, And The Like: The sounding of any horn or signaling device on any automobile, motorcycle, motorbus or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
2. Radios, Phonographs, And The Like: The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants between the hours of nine o'clock (9:00) P.M. and eight o'clock (8:00) A.M. with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber 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 in such a manner as to be plainly audible at a distance of two hundred fifty feet (250') from the building, structure or vehicle in which it is located between the hours of nine o'clock (9:00) P.M. and eight o'clock (8:00) A.M. shall be prima facie evidence of a violation of this subsection.
3. Amplifiers For Advertising: The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
4. Yelling, Shouting, And The Like: Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
5. Animals, Birds, And The Like: The keeping of any animal or bird which by causing noise shall disturb the comfort or repose of any persons in the vicinity.
6. Steam Whistles: The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities.
7. Exhaust: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
8. Defect In Vehicle Or Load: The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
9. Loading And Unloading; Opening Boxes: The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
10. Construction Or Repairing Of Buildings: The erection, including excavating, demolition, alteration or repair of any building other than between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building official which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. The building official determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M., and if he shall further determine that loss or inconvenience would result to any person in interest, he may grant permission for such work to be done within the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M., upon application being made at the time the permit for the work is awarded or during the progress of the work.
11. Schools, Courts, Churches, Hospitals: The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital; provided, that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. This subsection does not apply to authorized emergency vehicles. It shall also be unlawful for any person to disturb any congregation or assembly meeting for religious worship by making a noise or by rude and indecent behavior or profane discourse within the place of worship, or so near the same as to disturb the order and solemnity of the meeting.
12. Hawkers, Peddlers: The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
13. Drums: The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale. This subsection shall not apply to performances or shows that are part of a city, school or other public or community event sanctioned by the city, including festivals, music concerts, parades and street and other fairs.
14. Transportation Of Metal Rails, Pillars And Columns: The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon vehicles or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
15. Pile Drivers, Hammers, And The Like: The operation between the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
16. Blowers: The operation of any noise creating blower or power fan or any internal combustion engine or air conditioner, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine or air conditioner is equipped with a muffling device sufficient to deaden such noise.
17. Mobile Food Dispenser Vehicles:
a. The use by mobile food dispenser vehicles or their operators of noisemaking advertising devices, including, but not limited to, amplifiers, bells, recordings, horns, whistles, rattles, gongs, piano or other musical instruments.
b. Mobile food dispenser vehicles shall not be operated on public or private property within two (2) blocks of the lot line of any primary or secondary school within two (2) hours after such school is closed.
c. Mobile food dispenser vehicles shall not be operated in the city between eight o'clock (8:00) A.M. and four o'clock (4:00) P.M. on any day between August 25 and June 30 when a public elementary or public secondary school operated in a school district encompassing any part of the city is open, provided that the school is attended by students residing within the city.
d. Mobile food dispenser vehicles while operating in any residential area shall move a minimum distance of one block every ten (10) minutes.
18. Sound Devices: The playing, use, operation or permitting to be played, used or operated, any radio, tape recorder, cassette player or other device for receiving broadcast sound or reproducing recorded sound if the device is located on the public way or in any motor vehicle on the public way, and the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than seventy five feet (75'). For purposes of this subsection, "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park driveway, parking lot, or transportation facility or the doorways and entranceway to any building which fronts on any of the aforesaid places or any other public way.
19. Operation Of Machinery Or Equipment: The operation of any apparatus, machinery or equipment including, but not limited to, construction apparatus, machinery or equipment and any apparatus, machinery or equipment used for building or home maintenance and repair or lawn maintenance, wherein said apparatus, machinery, or equipment can be heard beyond the boundaries of the property on which the apparatus, machinery or equipment is being used, is prohibited within the city, other than between the hours of seven thirty o'clock (7:30) A.M. and eight o'clock (8:00) P.M. on weekdays, the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. on Saturdays, and the hours of nine o'clock (9:00) A.M. and eight o'clock (8:00) P.M. on Sundays, within all residential zoning districts of the city.
20. Live Music: The playing of live music outdoors, in both residential and business districts, between the hours of ten o'clock (10:00) P.M. and nine o'clock (9:00) A.M. Sunday through Thursday and eleven o'clock (11:00) P.M. and nine o'clock (9:00) A.M. Friday through Saturday. (Ord. 15-O-23, 5-5-2015)