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(A) No person shall make, continue, or cause to be made any loud, unnecessary, or unusual noise or noises whatsoever that annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or the quiet of any neighborhood, or precludes their enjoyment of property or affects their property’s value. This general prohibition is not limited to the specific restrictions listed in the following sections.
(B) Factors that may be considered in determining whether a violation of this section exists may include, but are not limited to, the following:
(1) The level of the noise;
(2) The nature of the noise;
(3) Whether the origin of the noise is natural or unnatural;
(4) The level and intensity of any background noise;
(5) The nature and zoning of the area affected by the noise; and
(6) The time of day or night in which the noIse occurs.
(Ord. 5-2022, passed 5-4-2022)
The following acts are declared to be unlawful:
(A) Operation of sound-amplifying and musical devices. Operation of any public radio, television, phonograph, drum, musical instrument, sound amplifier, loudspeaker, public address system, or similar device that produces, reproduces, or amplifies sound at any hour whatsoever of the day in such a manner as to create a noise disturbance within a public space or a right-of-way, or across a real property boundary, except in conjunction with authorized parades or public functions, a permit for which has been issued by the city.
(B) Loading and handling boxes, materials, and containers. Loading, unloading, opening, closing, or handling boxes, crates, containers, building materials, garbage cans, automobile parts, recyclable materials, or objects between the hours of 9:00 p.m. and 7:00 a.m. daily, from Sunday evening through Friday morning, and 9:00 p.m. through 7:00 a.m. daily, from Friday evening through Sunday morning.
(C) Construction. Operating any tools or equipment in construction, drilling, or demolition work between the hours of 9:00 p.m. and 7:00 a.m. on weekdays or Saturdays, or Sunday before 10:00 a.m. or after 6:00 p.m., in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone.
(D) Domestic power tools. Operating any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or a similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m., except for snowplowing or snowblowers between the hours of 10:00 p.m. and 5:00 a.m., to cause a noise disturbance across a residential real property boundary or within a noise-sensitive zone.
(E) Emergency signaling devices. It shall be unlawful to intentionally sound any fire, burglar, or civil defense alarm, siren, whistle, or similar device, except for emergency purposes or for testing. Testing shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 8:00 p.m. Any such test shall use only the minimum-cycle test time.
(F) Powered model vehicles. Operating powered model vehicles to create a noise disturbance across a residential real property boundary, in a public space, or within a noise-sensitive zone between the hours of 5:00 p.m. and 10:00 a.m.
(G) Motor vehicle noise. No person shall operate a motor vehicle that causes excessive noise levels because of a defective or modified exhaust system or because of an unnecessary rapid acceleration, deceleration, engine revving, tire squealing, or testing of vehicles. It shall be unlawful for any person to cause the creation of grating, screeching, grinding, squeaking, loud reports or shots, or other noises in the use of automobiles, motorcycles, or other vehicles or appurtenances attached thereto. It shall be unlawful for any person to cause the sounding of any horn, signal device, or attachments on automobiles, motorcycles, bicycles, trucks, busses, or other vehicles except as a necessary warning of danger to a person or a property.
(H) Vibration. Operating any device that creates vibration above the vibration perception threshold of an individual at or beyond the source if on private property or at a distance of 50 feet from the source if on public property. For this subchapter, the expression VIBRATION PERCEPTION THRESHOLD means the minimum ground- or structure-borne vibration motion necessary to cause a normal person to be aware of the vibration by such direct means as a sensation or visual observation of moving objects, without the aid of instruments.
(I) Animals. It shall be unlawful for any person to harbor or keep any animal, bird, or fowl that, by causing frequent or continued noises, shall disturb the comfort or repose of any reasonable person in any dwelling or apartment house or residence.
(J) Horns and signaling devices. Operating a horn or other audible signaling device on any motor vehicle except in an emergency or when required by law.
(K) Participating in noisy parties or gatherings. Participating in any party or gathering between the hours of 12:00 p.m. and 9:00 a.m. gives rise to noise that is plainly audible across property boundaries or between partitions common to two or more persons within a building.
(L) Towing cans behind vehicles. It is unlawful for any person to tow behind any vehicle on the public streets, roads, highways, boulevards or parkways tin cans, pans, buckets, boxes or other articles, or any collection of articles or instruments in such manner as to create or to continue to create any loud noise or clattering sound as the vehicle is being propelled or driven over or along the streets, roads, highways, boulevards, or parkways.
(M) Screaming and whistling. It is unlawful to make any noise on the public streets, or in such close proximity thereto, as to be distinctly and loudly audible on the streets, by any loud and unnecessary talking, calling, shouting, screaming, shrieking, whistling, or by use of any bell, gong, exhaust explosion, or other noise-making devices, whereby the attention, comfort or repose of persons in the vicinity thereof is or is likely to be disturbed.
(N) Public use of loudspeakers and public address systems. It is not unlawful for any person to whom a permit has been granted to use and operate on the public streets and public places of the city a loudspeaker, a public address system, or other devices for the reproduction or transmission of sound, any public celebration, commemoration, entertainment, or for the advertising and publicity, or for making public announcements, or for any other public purpose. Such permits will be:
(1) Granted by the city only as the result of written application, stating the time, place, purpose, and intended use of the loudspeaker, the public address system, or other devices;
(2) Granted if the city believes that the use will promote the public interest, and will not result in blocking traffic or hindering the Fire or the Police Department in the performance of their duty;
(3) Valid for one occasion or event only, and shall be neither continuous, nor transferrable.
(Ord. 5-2022, passed 5-4-2022)
The provisions of § 95.24 shall not apply to the following.
(A) Emergencies. EMERGENCIES include the emission of sound to alert persons to an emergency or the sound made in connection with the performance of emergency work, or to prevent or alleviate physical or property damage threatened or caused by a public calamity or other emergency.
(B) Public speech. Non-commercial public speech or public assembly activities conducted on any public space for which a permit has been obtained from the city.
(C) School or public programs. Organized school-related or public programs for which a permit has been obtained from the city.
(D) Wedding receptions. Wedding reception celebrations where parades of cars traverse to locations from the wedding ceremony to the wedding reception, with noise makers attached to vehicles.
(E) Special permit activity. Any event for which a permit has been obtained from the city.
(F) Airports. Any airport activity is regulated by federal law.
(G) Police and Fire Departments. The departments may use a soundtrack or public address system upon the streets and public places to direct or educate all vehicular traffic upon streets and public places.
(H) Federal and/or state law. Any activity allowed by federal and/or state law.
(Ord. 5-2022, passed 5-4-2022)
The city has the authority consistent with this subchapter to grant special permits for:
(A) Holidays, celebrations, concerts, parades, or other special events, public or personal;
(B) A person who demonstrates that bringing the source of sound or activity for which the permit is sought into compliance with the provisions of this subchapter would constitute an unreasonable hardship on the applicant, the community, or other persons, and that adverse impact to health, safety, and welfare affected by the permit has been outweighed by such hardship. Permits may contain any conditions, including a time limit, that are necessary to limit the adverse impact of the activity;
(C) Noncompliance with any condition of the permit shall result in its termination and subject the person holding it to the provisions of this subchapter. The city may issue guidelines defining the procedure to be followed in applying for a permit, and the specific criteria to be considered in deciding whether to issue a permit;
(D) The city may issue guidelines in the procedure to be followed in applying for a permit, and the specific criteria to be considered in deciding whether to issue a permit.
(Ord. 5-2022, passed 5-4-2022)
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