(A) Loud noises prohibited. No person shall make, continue, or cause to be made or continued any loud, raucous, improper, unreasonable, offensive, or unusual noise which disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the city.
(B) Prohibited noises. The following acts, among others, are declared to be loud, raucous, or disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or signaling device on any motor vehicle on any street or public place except as a danger warning; the creation by means of any such signaling device of any unreasonably loud and raucous sound; and any such signaling device for an unreasonable period of time. The use of any signaling device except one operated by hand, electricity, or automatically when a vehicle is in reverse; 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) 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 louder volume than is necessary for convenient hearing for the person who is in the room, vehicle, or chamber in which such machine or device is operated, and who is a voluntary listener. The operation of any such set, instrument, phonograph, machine, or device, in such a manner as to be plainly audible at a distance of 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) 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 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, 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 person in the vicinity.
(5) The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity.
(6) The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) The use of any motor vehicle so out of repair, so loaded, or in such a manner as to create loud and unnecessary engine noise, grating, grinding, rattling, or other noise.
(8) The operation of any motor vehicle in such a manner as to create excessive noise such as squealing of tires or other noise unrelated to engine noise or normal operation and noise created by unnecessary grinding, rattling, or other vehicle disrepair.
(9) The operation between the hours of 9:00 p.m. and 6:00 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.
(10) The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes loud and raucous noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
(11) Any noise that exceeds a noise level of 83 dB(A) based on a distance from the noise source of not less 15 feet or any noise that can be heard more than 50 feet from its source and is inherently obnoxious or patently offensive shall be prima facie evidence of a noise prohibited by this section. Noise that creates less decibels than 83 dB(A) from 15 feet also constitutes noise prohibited by this section if such noise otherwise constitutes a prohibited noise stated in this section. Further, there is not any decibel measurement requirement to prove the existence of a noise prohibited by this section.
(12) (a) Use of consumer fireworks is expressly forbidden except for the following dates:
1. New Year’s Eve - December 31 between the hours of 10:00 a.m. and 1:00 a.m. on January 1.
2. Memorial Day - last Monday of May between the hours of 5:00 p.m. and two hours after sunset.
3. Other days allowed - on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8 and July 9 between the hours of 5:00 p.m. and two hours after sunset.
4. Independence Day - July 4 between the hours of 10:00 a.m. and 12:00 a.m. (midnight).
5. Labor Day - first Monday in September between the hours of 5:00 p.m. and two hours after sunset.
6. Veterans Day - November 11 between the hours of 5:00 p.m. and two hours after sunset.
7. The Common Council may authorize additional days and times if requested in writing and approved by the Common Council.
(b) Nothing in this division (B)(12) shall prohibit the local Fire Chief, State Fire Marshal, or any duly authorized law enforcement official from further restricting, or prohibiting, the use of consumer fireworks during the aforementioned periods of time for any weather related or public safety reasons.
(c) 1. Consumer fireworks may be used, ignited, or discharged during the permitted times set forth above only on the users’ own property, with the permission of the property owner, or at special discharge locations designated by the State Fire Marshal, Kokomo Fire Chief or the Kokomo Common Council.
2. No person may use, ignite, or discharge consumer fireworks on any public street, public sidewalk, alleys, parks, public right-of-way or on any city property without written permission of the State Fire Marshal, Kokomo Fire Chief or the Kokomo Common Council. Any such request must be submitted to the Kokomo City Clerk at least 30 days prior to the fireworks event.
3. Users shall be responsible for all debris resulting from the discharge of consumer fireworks. It is a violation of this division (B)(12) if fireworks land upon property owned or occupied by another person from which permission was not obtained, or upon public streets or city property, and which fireworks and/or all related debris is not removed by the user withing 24 hours of such use or discharge. Notwithstanding the foregoing, nothing in this division (B)(12) shall be interpreted to grant permission to any person to discharge, place, or land debris on property occupied or owned by another, and the 24-hour removal period required by this division (B)(12) shall not relieve any such user of any applicable civil liability, including but not limited to a cause of action for trespass or nuisance.
(C) No person shall keep any animal, other than a service animal lawfully used by a handicapped person to accommodate his/her handicap, which, by causing frequent or long-continuing noise that is audible 50 feet or more from its source when the animal is on public property or 50 feet or more outside of a private property line when the animal is on private property, does disturb the comfort or repose of any other person.
(Ord. 6187, passed 4-9-01; Am. Ord. 6981, passed 5-10-21) Penalty, see § 132.99