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(a) No person shall make, continue or cause to make or continue any unnecessary, excessive or offensive noise or sounds which are above the prevailing background sound level at any time within the City. This shall include, but is not limited to:
(1) The operation of a musical instrument or sound-producing equipment from vehicles or structures louder than required for the comfortable listening by the inhabitants of such vehicle or structure or in such a manner as to disturb the peace and comfort of the neighboring inhabitants;
(2) Continuous or repetitious barking, howling or other audible sounds by animals harbored by any resident;
(3) The operation or use of any motorized vehicle or equipment in a manner inconsistent with its normal operation; and
(4) Any other activity that results in noise or sounds that may jeopardize the health, safety or welfare of the residents of the City or that results in the denial of the peaceful use of their property or detracts from the quality of life enjoyed by such persons.
(b) The following are excepted from this section:
(1) Audible warning devices on emergency or public safety vehicles when responding to situations in an emergency mode in conjunction with the use of emergency warning lights;
(2) Building and vehicle alarms, unless there is a history of recurrent false activation of such devices;
(3) Construction equipment involved in the emergency repair or stabilization of a structure or facility after the accidental damage of or failure of such structure or facility, with the consent of the City Manager or his or her designee;
(4) Any event sponsored for the enjoyment of the community at large; and
(5) Warning devices such as horns, whistles, etc., when used to warn of a potentially dangerous and/or hazardous condition, but only for the duration of the condition.
(c) Whoever violates this section is guilty of a minor misdemeanor. In addition, if the sound device used during the commission of the offense is either a boombox or an automobile stereo, said sound device shall be subject to seizure and payment of a judgment.
(Ord. 97-73. Passed 6-18-97.)