(a) It is unlawful for any person to make or continue to cause to be made or continued, within the city, any loud or unnecessary noise or any noise which may reasonably be anticipated to annoy, disturb, injure or endanger the comfort, repose, peace, health or safety of others.
(b) The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be inclusive, namely:
(1) Radios, Phonographs, etc. The using, operating, or permitting playing, using or operating of any radio receiving set, television set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of residential inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operating of any such set, instrument, phonograph, machine or device between the hours of ten p.m. and six a.m. in such a manner as to be plainly audible at a distance of fifty feet from the residential property line, or vehicle, in which it is located shall be prima facie evidence of a violation of this section;
(2) Loudspeakers, Amplifiers for Advertising. The using, operating or permitting playing, using or operating of any radio receiving set, television set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing 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;
(3) Yelling, Shouting, etc. Yelling, shouting, whistling or singing on the public streets between the hours of ten p.m. and six 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, or other type of residence, or of any persons in the vicinity;
(4) Construction or Repair. The performance of any construction or repair work of any kind upon, or excavating for, any building or structure, where any such work entails the use of any air compressor, jackhammer, power-driven drill, riveting machine, excavator, hand hammer on steel or iron, or any other machine, tool, device, or equipment which makes loud noises to the disturbance of persons occupying sleeping quarters in a dwelling, hotel, or apartment or other place of residence. The above use of machinery or equipment that produces such unnecessary noise shall be prohibited on Sunday between the hours of eight p.m. and nine a.m. or any other day between the hours of eight p.m. and seven a.m. The provisions of this section do not apply to any person who performs any construction, repair, or excavation pursuant to the express written permission of the city engineer. Upon receipt of an application in writing therefor, stating the reasons of the request and the facts upon which such reasons are based, the engineer may grant such permission if he finds that:
(A) The work proposed to be done is in the public interest; or
(B) Hardship, or injustice or unreasonable delay would result from the interruption thereof during the hours and days specified above; or
(C) The building or structure involved is devoted or intended to be devoted to a use immediately incident to the public defense. Any person dissatisfied with the decision of the city engineer may forthwith appeal to the city council.
(i) The provisions of this section do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed or where such necessity requires immediate action prior to the time at which it would be possible to obtain the aforementioned permits; provided, that the persons doing such construction, repair, or excavation obtain a permit therefor within one day after the office of the city engineer is first opened subsequent to the making of such construction, repair, or excavation.
(ii) The provisions of this section do not apply to construction, repair, or excavation by a public utility which is subject to the jurisdiction of the public utilities commission and where such work is necessary for the immediate preservation of the public health, safety or welfare and where such necessity makes it necessary to construct, repair or excavate during the prohibited hours.
(iii) The provisions of this section do not apply in any territory which is not a zone classified by the city's zoning ordinances as a manufacturing zone (M zone) and is not less than five hundred feet from any territory in any zone classified by the city's zoning ordinances as a residential zone (R zone).
(5) Rubbish Collection. The performance of any rubbish collection utilizing any mechanical equipment in any residential zone (R zone) or within five hundred feet of any residential zone between the hours of eight p.m. and six a.m.
(Ord. 360 § 1, 1984; Ord. 279 § 1, 1979; Ord. 141 § 1, 1968; prior code § 4301; Ord. 683, §§ 1, 2 2016).