§ 93.21  EXCESSIVE NOISE PROHIBITED.
   (A)   No person shall operate a motor vehicle in such a manner or condition that noise levels upon adjacent property from such operation create a nuisance.
   (B)   No person shall suffer or harbor any animal upon or in a premises under the control of that person which emits noises upon adjacent properties of such intensity or duration as to create a nuisance.
   (C)   No person shall play music or engage in loud or boisterous conduct of such intensity or duration as to create a nuisance in a residential district.
   (D)   No person shall operate or manage a business in such a manner as to emit noises audible in residential areas of the city which are of such duration or intensity as to create a nuisance.
   (E)   Noises or sounds prohibited under this section are nuisances if any of the following apply as to the noise or sound:
      (1)   The noise or sound occurs during the hours of 10:00 p.m. and 6:00 a.m., is audible in a residential district, and is of an intensity of 80 dB or more at 100 feet or more from the source on an “A”-weighted scale as measured on a device approved by the Safety and Service Director.
      (2)   The noise or sound occurs during the hours of 6:00 a.m. to 4:00 p.m., is audible upon adjacent property, and is of an intensity of 90 dB or more at 100 feet or more from the source on an “A”-weighted scale as measured on a device approved by the Safety and Service Director.
      (3)   The noise or sound occurs in a residential district between the hours of 4:00 p.m. and 10:00 p.m. or the noise or sound is audible in a residential district between the hours of 4:00 p.m. and 10:00 p.m. and is of an intensity of 90 dB or more at 100 feet or more from the source on an “A”- weighted scale as measured upon a device approved by the Safety and Service Director.
      (4)   The noise or sound is made or created by the offender with the purpose to annoy or alarm others regardless of the intensity.
   (F)   Whoever violates this section is guilty of creating excessive noise, which is a minor misdemeanor.  Prosecutions under divisions (B), (C), or (D) above shall be commenced by the filing of a private complaint, under oath, followed by a complete investigation by the City Police and an effort to resolve the problem by negotiation, unless the Safety and Service Director deems it advisable, under the circumstances, to waive the requirement of a private complaint and negotiation.
   (G)   This section shall not supersede or modify any existing ordinances or resolutions directly or by implication.
(Ord. 1987-25, passed 12-7-87)