(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL AREA. A parcel of land zoned for or legally used for business or commercial purposes. A parcel which is zoned C-1, C-2, HBD, or I by Chapter 154
of this code, or is legally being devoted to a use which is a principal permitted use in such zoning district is presumed to be such an area.
CONSTRUCTION NOISE. Any noise associated with excavation, demolition, construction, alteration, or repair of any building, street, highway, or parking area.
CONTINUOUS NOISE. Any noise whose level does not vary during a period of at least five minutes.
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action or is necessary to protect the public health, safety, and welfare.
IMPULSIVE NOISE. A short burst of sound not exceeding ten seconds in duration.
INTERMITTENT NOISE. Any noise whose level remains constant which goes on and off during a course of at least ten seconds or goes on and off during a period of at least five minutes, but which exceeds ten seconds in duration each time it is on.
NIGHTTIME. Unless otherwise specifically noted, means the hours from 10:00 p.m. to 7:00 a.m.
NOISE. Any sound occurring on either a continuous, intermittent, or impulsive basis. It also means the intensity, frequency, duration, and character of sound, including sound and vibration of sub-audible frequencies.
NOISE DISTURBANCE. Any sound which endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensibilities, and/or endangers or injures personal or real property.
REAL PROPERTY BOUNDARY. An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.
TRAILER. Any vehicle with or without motive power, designed for carrying property and persons, or property alone.
TRUCK. Any motor vehicle designed, used, or maintained primarily for the transportation of property, including trailer-pulling tractors.
(B) General prohibition. It is unlawful for any person by shouting, whistling, loud, or boisterous or vulgar conduct, the playing of musical instruments, phonographs, radios, televisions, tape players, or any other means of sound amplification or the use of power tools, guns, or explosive devices to make, create, or cause to continue any noise disturbance which disturbs the public peace and quiet across a real property boundary.
(C) Construction sites. It is unlawful for any person to cause noise louder than the noise normally present at that location which no construction is in progress by excavating, demolition, alteration, or repair of any building, street, highway, or parking area, except between the hours of 7:00 a.m. and 7:00 p.m., unless as allowed by express permission on a permit for such construction work issued by the city.
(D) Loading and unloading. Loading and unloading of trucks, trailers, or other vehicles or the opening, closing, or other handling of boxes, crates, containers, building materials, or similar objects during the nighttime, in such a manner as to cause a noise disturbance across a residential real property boundary, shall be unlawful.
(E) Animals and birds. It shall be unlawful to own, possess, or harbor any animal or bird which frequently, or for continued duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary.
(F) Motor vehicles. Any person operating a motor vehicle on a public highway or any place open to the public or responsible for a parked motor vehicle when said vehicle is the source of music or sound amplification which creates a noise disturbance 50 feet from the motor vehicle is guilty of a misdemeanor. In addition, any person actually causing the vehicle’s sound or amplification system to cause a noise disturbance specified above is also guilty of a misdemeanor.
(2011 Code, § 9.16.030) (Ord. 104, passed - -1980; Ord. 263, passed - -2000; Ord. 264, passed - -2000) Penalty, see § 132.999