The city council finds after extensive investigation and receiving of information from the public and from experts in the field, that the creation of noise within the city is a danger to the general health, safety, welfare and well being of the citizens. Such noises generally may be classified under one of three (3) headings hereafter, beginning with the least offensive and proceeding to those which are the most harmful and offensive:
A. Sounds Of Commerce And Industry: In this category are those noises necessarily made by commercial vehicles in process of transporting persons or goods, necessary noises of construction or demolition and other sounds necessarily connected with the carrying on of modern business life. Enforcement agencies of the city are specifically authorized to work with the producers of this type of noise to either eliminate, modify and/or muffle such sounds in a way that will allow progress to continue while minimizing the disturbing effects of the noise. Creation of such noises, when they reach such a state that they become harmful or disturbing, are declared to be a public nuisance and shall be abated. Continued refusal to modify excessive noise is declared to be a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code.
B. Public Disturbance Noises:
1. In this category are those noises which because of their intensity, the decibel level, the constancy of the noise or proximity to residences, businesses and generally inhabited areas, create a disturbance to human life and efficiency. Included in this category and typical thereof, though not exclusive of others not so listed, would be the following:
a. Inadequately or defectively muffled vehicle engines and motors.
b. Loud machinery and pneumatic apparatus.
c. Amplified music or other amplified sounds.
d. Miscellaneous noises, including those of animals, machinery, gunfire, etc., when their emission creates a public disturbance, either because of the intensity, or disturbing nature and/or the time of the emission.
2. Noises of these categories are determined to be not only a nuisance which may be abated by the proper authorities in the city, but are unlawful and each occurrence shall constitute a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code.
C. Intentionally Caused Noises: In this category are those noises which are caused for the sake of making noise without regard to the comfort, sleep or general health and welfare of other persons. Production of such noise is unlawful and constitutes a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code. Typical of this type of noises are the following:
1. Improperly muffled vehicle engines, when the same are rapidly accelerated or decelerated, and especially during such hours that they are likely to interfere with the sleep or peaceful calm of residential neighborhoods.
2. Sounds that are mechanically, pneumatically or electronically produced or amplified, when the same are not enclosed within a building or enclosure which absorbs the sound so as not to disturb the surrounding area.
3. Sounds or music created or amplified within a public building or enclosure with such volume and intensity that the sound produced is actually or potentially dangerous to hearers within the enclosure. (1984 Code § 8.28.010; amd. 2015 Code)