No owner of occupant nor any person having control, management or operation of any dwelling, building, structure, excavation, business pursuit, place open to the general public, automobile, motorcycle or any other motor vehicle shall allow any of the following:
(A) Allow any nuisance to be created or exist.
(B) Discharge any foul or nauseous liquid, water or other substance into or upon any highway, street, lane, alley, public street or square or into any adjacent lot or grounds, or deposit or allow to be deposited any refuse, dripping or nauseous liquid or other substance from any device of any king or nature into any sewer, receiving basin, gutter or other place within the city or force or discharge into any public or private sewer or drain any steam vapor or gas.
(C) Remove or cause to be removed any grate, cover or barricade from a manhole, catch basin, or sewer inlet over which it is placed, or in any way directly or indirectly injures any lateral or public sewer or any part thereof.
(D) Deposit or cause to be deposited in any lateral or public sewer or in any private sewer connecting therewith any mass or bulk garbage, glass, metal, earthenware, stone, sand, gravel, cinders, cement, lime or lime waste, rags, lint, dust, grass, hay, straw, manure, offal, grease, feathers, ticks, or bits of wood, gasoline, oil or oily wastes, tar, acids, offensive gaseous wastes, or any wastes or materials or combinations thereof liable to cause injury to, stoppage of, or unreasonably offensive odors in said sewers.
(E) Any loud or unusual noise, sound, racket or vibration which offend the peace and quiet of any persons of the city, including but not limited to any of the following:
(1) Animal and bird noises. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person;
(2) Construction noises. The erection (including excavating therefor), demolition, alteration or repair of any building, and the excavation of streets and highways, on Sundays, and other days, except between the hours of 8:30 a.m. and 6:30 p.m., unless a permit be first obtained from the City Department of Building and Safety Engineering;
(3) Sound amplifiers. Use of any loudspeaker, amplifier or other instrument or device, whether stationary or mounted on a vehicle for any purpose so used shall be subject to the following restrictions:
(a) The only sounds permitted are music or human speech;
(b) Operations are permitted for four hours each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted four hours of operation shall be between the hour of 11:30 a.m. and 1:30 p.m., and between the hours of 4:30 p.m. and 6:30 p.m.;
(c) Sound-amplifying equipment mounted on vehicles shall not be operated unless the vehicle upon which such equipment is mounted is operated at a speed of at least ten miles per hour, except when such vehicle is stopped or impeded by traffic;
(d) Sound shall not be issued within 100 yards of hospitals, schools, churches or governmental buildings;
(e) The volume of sound shall be controlled so that is will not be audible for a distance in excess of 50 feet from the sound-amplifying equipment and so that the volume is no unreasonably loud, raucous, ferrying, disturbing or a nuisance to persons within the area of audibility;
(f) No sound-amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification;
(g) The restrictions hereinabove contained in division (E)(2) (a) through (f), shall not apply to the use of church bells and school bells;
(h) There shall be a rebuttable presumption that the owner of any dwelling, building, structure, excavation, business, place open to the general public, automobile, motorcycle or any motor vehicle shall be responsible for any violation of this section.
(4) Engine exhausts. 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 that effectively prevents loud or explosive noises therefrom;
(5) Handling merchandise. The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes and crates and container;
(6) Blowers. The discharge into the open air or from any noise-creating blower or power fan unless the noise from such blower or fan is muffled sufficiently to deaden such noise;
(7) Horns and signal devices. The sounding of any horns or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching, apparently out of control, or to give warning of intent to get under motion, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonably period of time;
(8) Radio and musical instrument. The playing of any radio, television set, phonograph or any musical instrument in such a manner or with sound volume, particularly during the hours of 11:00 p.m. and 7:00 a.m. or 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 person in the vicinity;
(9) Shouting and whistling. Yelling, shouting, hooting, whistling or singing or the making of any other loud noise on the public streets between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time so as to annoy or disturb the quiet, comfort or repose of persons in any school, place of worship or office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity;
(10) Whistle or siren. The blowing of any whistle or siren, except to give notice of the time to begin or stop work or as a warning of fire or danger.
(11) Exceptions. None of the terms or prohibitions of divisions (E)(1) through (10) of this section shall apply to or be enforced against:
(a) Emergency vehicles. Any police or fire vehicle or any ambulance, while engage upon emergency business.
(b) Highway maintenance and construction. Excavations or repairs of bridges, streets or highways by or on behalf of the city or the state, during the night, when the public safety, welfare and convenience renders it impossible to perform such work during the day.
(c) Any city functions which are authorized by Council resolution.
(F) In the operation of hawking, vending, peddling, selling of wares, goods, merchandise, newspapers or disposing of services or granting any privileges from any public or private place or structure unenclosed in whole or in part, to make a commotion or make loud noises whereby the peace of good order of the neighborhood is disturbed.
(G) Keep or allow to be kept within the city any cows, horses, pigs, goats, pigeons or fowl, or any other domestic or nondomestic animals, insects, or reptiles, except birds, dogs, cats or other pets not expressly enumerated herein unless certified by a veterinarian as being harmless. Pets that are expressly excepted from the provisions of this section shall not be allowed to run at large or create any condition or affect the conduct or disturb in any way any neighbor or human being or cause any nuisance as herein declared or cause any condition that might be unwholesome or in any way affect the health, safety and welfare of the neighborhood. Any violation of this section shall be declared to be a nuisance which may be enforced through any legal or equitable remedy.
(‘68 Code, § 4-502) (Ord. 187, passed 4-19-62; Am. Ord. 682, passed 10-16-89; Am. Ord. 705, passed 1- 21-92) Penalty, see § 95.99