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(A) It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or disturbing noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the city.
(B) Except as otherwise provided in this section, the following acts among others are declared to be loud, disturbing, and unnecessary noises in violation of division (A) above, but this enumeration shall not be deemed to be exclusive.
(1) Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city except as a danger warning, the creation of any unreasonably loud or harsh sound by means of such a signaling device, and the sounding of such a 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 such a signaling device when traffic is for any reason held up.
(2) Radios, phonographs. 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 or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle, or chamber in which the machine or device is operated and who is a voluntary listener thereto. The operation of any set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) Sound trucks. No sound truck or other device or medium for amplifying sound shall be operated or permitted to operate within the city for advertising purposes or to attract the attention of the public where the sound therefrom is transmitted from, to, in, or over any public thoroughfare, park, or other public place. This section shall not prohibit the use of sound amplification for disseminating religious or political messages or information concerning civic, recreational, and other matters of general public interest. Permission for such broadcasting shall be obtained from the Chief of Police who shall be authorized, directed, and empowered to make and enforce reasonable rules as to such use with reference to time, place, and volume. The decision shall be appealable to the City Council within five days.
(4) Yelling, shouting. 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, dwelling, hotel, or other type of residence or of any persons in the vicinity.
(5) Animals and birds. The keeping of any animal or bird which by causing frequent or long- continued noise shall disturb the comfort or repose of any persons in the vicinity.
(6) Steam whistles. The blowing of any train whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, as a warning of fire or danger, or upon request of proper city authorities.
(7) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises.
(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, 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 boxes, crates, and containers.
(10) Construction or repairing of buildings. The erection, demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 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 appropriate city official, this permit to be granted for a period not to exceed three days or less while the emergency continues, to be renewed for periods of three days or less while the emergency continues. If the official should determine 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 6:00 p.m. and 7:00 a.m. and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for this work to be done within the hours of 6:00 p.m. and 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. This decision shall be appealable to the City Council within five days.
(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 these buildings are in use, or adjacent to any hospital which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital; however, conspicuous signs must be displayed in these streets indicating that they are school, hospital, or court streets.
(12) Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturb the peace and quiet of the neighborhood.
(13) Noises to attract attention. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noises to any performance, show, or sale.
(14) Pile drivers, hammers. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, dredge, or other appliance, the use of which is attended by loud or unusual noise.
(15) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.
(C) The provisions of this section shall not be enforced unless a complaint is submitted by a citizen to the Police Department, nor be construed to prohibit music being made upon streets or sidewalks by brass bands or other bands, nor to prohibit religious organizations from conducting reasonable service with a proper permit.
(‘65 Code, § 133.07) Penalty, see § 130.99