CHAPTER 95: NOISE
Section
   95.01   Loud and continuing noises prohibited; declaration of nuisance
   95.02   Unlawful noises enumerated
   95.03   Sound trucks and other advertising devices restricted; permit required
   95.04   Loud car stereos prohibited
Cross-reference:
   Animals creating noise disturbance, see § 92.13
§ 95.01 LOUD AND CONTINUING NOISES PROHIBITED; DECLARATION OF NUISANCE.
   The making or continuing or causing or aiding to be made or continued, any loud, unnecessary or unusual noise or noises whatsoever, which either annoy, injure or endanger the comfort, repose, health or safety of others unless the making or continuing of same be necessary for the protection or preservation of property, or the health, safety or life or limb of some person is declared to be unlawful and a public nuisance. The enumeration of the particular offense, hereinafter defined shall not be construed as limiting the generality of this section or limiting the offense hereunder to the particular offense set forth. ('80 Code, § 8.20.010) (Ord. 1976-12, passed - -76)
Cross-reference:
   Nuisances, see Chapter 96
§ 95.02 UNLAWFUL NOISES ENUMERATED.
   The following acts constitute a public nuisance:
   (A)   Horns, signal devices, and the like. The sounding of any horn, signal device or attachment on an automobile, motorcycle, bicycle, truck, bus or other vehicle except as a necessary warning of danger to person or property.
   (B)   Grating, screeching noises, and the like. The creation of grating, screeching, grinding, squeaking, loud reports or shots.
   (C)   Radios, television acts, phonographs and similar devices. The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, television, phonograph, drum or other machine or device from production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring 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 operated and who are voluntary listeners thereto. Provided, however, that this section does not apply to any person who is participating in an authorized parade or public function.
   (D)   Animals, birds or fowl. The keeping of an animal, bird or fowl, and household pets such as dogs, which, by causing frequent or continued noises, shall disturb the comfort or repose of persons in any dwelling or apartment house or residence.
   (E)   Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
   (F)   Trucks. The loading of any garbage, trash or compactor truck, or any other truck, whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted within a residential district or within 300 feet of any hotel or motel between the hours of 10:00 p.m. and 7:00 a.m.
   (G)   Construction. Engaging in, or causing or permitting a person to be engaged in construction activities in any residential or commercial district between the hours of 9:00 p.m. of one day and 6:00 a.m. of the following day. Provided, however, that this section does not apply to construction activities directly connected with the abatement of an emergency.
   (H)   Any hour. The creation of noise as hereinabove defined by any radio, phonograph or any musical instrument, or the making of any loud, unnecessary or boisterous noises at any hour whatsoever of the day.
('80 Code, § 8.20.020) Penalty, see § 10.99
§ 95.03 SOUND TRUCKS AND OTHER ADVERTISING DEVICES RESTRICTED; PERMIT REQUIRED.
   (A)   No person shall create noise by the use of any radio, sound truck, public address system, or other like devices upon the streets or public places of the city, or the use of any such devices or of any window tapping or rattling devices upon or from any building or private property for the purpose of advertising or attracting attention, without first obtaining a permit from the President of the Town Council or his assignee.
   (B)   Upon the application to the President of the Town Council or his assignee, a permit may be issued to any responsible person or organization to broadcast programs of music, speeches or other general entertainment as part of and in conjunction with any civic enterprise or celebration of a noncommercial character or to use a sound truck or public address system.
   (C)   The Police Department may use a sound truck or public address system upon the streets and public place for the purpose of directing or educating all vehicular traffic upon the streets and public places.
('80 Code, § 8.20.013) (Ord. 1976-12, passed - -76) Penalty, see § 10.99
Loading...