(A) Generally. It is unlawful and a violation of this section for any person to make, continue or cause to be made or continued any unreasonably loud, unnecessary or unusual noise or any noise which either unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city.
(B) Prohibited noises commonly unnecessary and disturbing:
(1) Horns, signaling devices. The sounding of any horn or signaling device, whether mounted or on a vehicle or not, on private or any public property including public thoroughfares except as a signal or a danger warning; the creation by means of any such device of an unreasonably loud or harsh sound for an unnecessary and unreasonable period of time.
(2) Radios, phonographs, stereophonic systems. The using, permitting to be used or operated of a radio, musical instrument, phonograph or stereophonic or amplification system for production or reproduction of sounds which unreasonably disturb the peace, quiet and comfort of especially neighboring residents at any time. The operation of any such device between the hours of 10:00 p.m. and 8:00 a.m. so as to be plainly audible at a distance of 50 feet from the building structure or vehicle from whence emanating shall be prima facie evidence of violation.
(3) Amplified advertising. The using or permitting to be used of amplified advertising devices which casts sound upon the public streets to commercially advertise or attract attention of the public for commercial purposes.
(4) Yelling and shouting. Yelling, shouting, hooting, whistling or singing on the public streets or on private property if plainly audible from especially adjoining properties between the hours of 10:00 p.m. and 8:00 a.m. or at any time or place if annoying or disturbing the peace, comfort or repose of persons in the city.
(5) Animal noises. The keeping or permitting to be kept of animals of any kind which cause frequent or long continued noise disturbing the peace, comfort or repose of the residents of the city. Unreasonable barking as defined by this code at § 90.01 shall constitute a nuisance.
(6) Discharge of exhaust. The discharge into open air of exhaust except through a muffler or other devise which effectively prevents loud or explosive noises; or the use or allowing to be used of any vehicle so out of repair, or so loaded or operated as to create loud and unnecessary noises.
(7) Construction activities; loading and unloading. Engaging in or permitting construction activities including but not limited to the use of any kind of electric, diesel or gas powered machine or other power equipment including motor vehicles in connection with the erection, demolition, alteration or repair of any building on weekdays (Mondays through Fridays) except between the hours of 7:00 a.m. to 6:00 p.m. and on all other days and all holidays except between the hours of 8:00 a.m. to 6:00 p.m., unless in case of urgent necessity in the interest of public health and safety, and then only with a permit issued by the Building Official which permit may be granted for a period not to exceed three days or less while the emergency exists but which permit may be renewed.
(8) Schools and churches. The creation of any excessive noise which may not otherwise be violative of this section but which unreasonably interferes with the functions of school or church services.
(9) Domestic power equipment. The use of power lawn mowers, hedge clippers, edgers, chain saws, garden tillers, mulchers, power saws, drills, hammers, sanders and such other domestic power equipment shall not be violative of this section unless used between the hours of 9:00 p.m. to 7:00 a.m.
(C) Responsibility of property owners, parents, guardians and custodians with regard to juvenile offenders. The owner and owners shall include fee owner as well as the tenant (and the proprietor as to businesses and commercial establishments), parents, guardians and custodians with regard to juvenile offenders who knowingly permit the emission of noise violative of this section shall be himself, herself or themselves deemed to be in violation of this section as well as the actual perpetrator or persons or otherwise allowing noises violative of this section.
(D) Violations a public nuisance. The violation of any provision of this section whether the act or omission was perpetrated or allowed on public or private property is deemed a public nuisance.
(Ord. 269, passed 10-16-89) Penalty, see § 93.99