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No person shall make, continue or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the City.
The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive, namely:
(a) Horns, Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonable loud or harsh sound, the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by the engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
(b) Yelling, Shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
(c) Animals, Birds. The keeping of any animal, fowl or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
(d) Defect in Vehicle or Load. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(e) Excessive Noise Near Schools, Courts, Churches, Hospitals, Etc. The creation of any excessive noise on any street, sidewalk or other public place adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any nursing home or hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the nursing home or hospital; provided, that adequate signs are displayed conspicuously on such streets indicating that the same is a school, nursing home, hospital or court street.
(f) Drums. The use of any drum or other instrument or device for the purpose of attracting attention, by the creation of noise, to any performance, show or sale.
(g) Radios, TVs, Phonographs. The using, operating or permitting to be played, used or operated, of any radio or television receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner so 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 persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. to 7:00 a.m. in such manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(h) Loudspeakers, Amplifiers, Etc., for Advertising. The using, operating or permitting to be played, used or operated of any radio or television receiving 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, where such sound is audible for a distance of more than fifty feet from the building, structure or vehicle in which it is located.
(i) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(j) Model Airplanes. The use of any gasoline, alcohol, diesel or other internal combustion engine-propelled, radio-controlled airplane, without a muffler which will effectively prevent loud noises therefrom; provided, that any such airplane with a thirty-five cubic centimeter engine or less shall not be subject to the provision of this section.
(k) Band Practice. Except in a lawfully constituted or organized parade or assembly, musical practice by band which produces unreasonable noise.
(Passed 12-13-90)
(a) Definitions. For the purpose of this section, the following terms shall have the meanings respectively ascribed to them by this section:
(1) "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment", as used herein, shall not be construed as including standard automobile radios when used and heard by occupants of the vehicles in which they are installed, warning devices on authorized emergency vehicles, horns or other warning devices on other vehicles used only for traffic safety purposes.
(2) "Sound truck" means any motor vehicle, animal-drawn vehicle, boat or raft having mounted thereon, or attached thereto, any sound amplifying equipment.
(b) Exclusions. The provision of this section shall not apply in using any of the sound equipment mentioned and described herein where such equipment is used for civil-defense, used in the event of a disaster or other emergency, or used by any governmental agency or at any public meeting.
(c) License to Operate. No person shall operate or cause to be operated any sound truck within the City, with sound amplifying equipment in operation, unless a license has been obtained from the City therefor. The annual fee for such license shall be twenty-five dollars ($25.00) and such licenses shall be issued on an annual basis only for a period beginning on July 1 of each year and ending on June 30 of the following year.
(d) Application for License. Applications for the issuance of the license required by this section shall be filed with the City Recorder in duplicate and in writing and shall state the following information:
(1) Name and home address of the applicant.
(2) Address of the place of business of the applicant.
(3) License number and motor number of the sound truck to be used by the applicant.
(4) Name and address of the owner of the sound truck.
(5) Name and address of the person having direct charge of the sound truck..
(6) Names and addresses of all persons who will use or operate the sound truck.
(7) The purpose for which the sound truck will be used.
(8) A general statement as to the sections of the City in which the sound truck will be used.
(9) The proposed hours of operation of the sound truck.
(10) The number of days of proposed operation of the sound truck.
(11) A general description of the sound amplifying equipment which is to be used.
(12) The maximum sound-producing power of the sound amplifying equipment to be used in or on the sound truck. The following information shall be stated:
A. The wattage to be used;
B. The volume in decibels of the sound which will be produced; and
C. The approximate maximum distance for which sound will be thrown from the sound truck.
(13) Such other information as the City Recorder may reasonably require.
(e) Issuance of License. The City Recorder shall submit each application provided for by this section to Council for its approval or disapproval. In the event that Council approves an application, the City Recorder shall issue a license upon payment of the required fee by the applicant.
In the granting or approving of such license, Council may place such limitations upon the use of the sound truck for which the license application is made as Council may deem reasonable or proper.
(f) Sound Truck; Display to Police Officers. A licensee under this section shall keep such license in the sound truck at all times when it is in operation. The license shall be promptly displayed and shown to any police officer of the City upon request.
(g) Regulations for Use. Any sound truck licensed by the City as provided by this section, with its sound amplifying equipment in operation, shall be subject to the following regulations:
(1) Permitted sounds. The only sounds permitted shall be music or human speech.
(2) Hours of operation. Operations shall be permitted for only five hours each day, except on Sundays and legal holidays, when no operations shall be authorized. The permitted five hours of operation each day shall be between the hours of 10:00 a.m. and 9:00 p.m.
(3) Minimum speed of vehicle. Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour except when such truck is stopped or impeded by traffic. Where stopped by traffic the sound amplifying equipment shall not be operated for longer than one minute at each such stop.
(4) Operation near hospitals, schools, churches, etc. Sound shall not be issued within 300 feet of hospitals, nursing homes, schools, churches and public buildings.
(5) Indecent sounds. The human speech and music amplified shall not be profane, lewd, indecent or slanderous.
(6) Sound control. The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet for the sound truck and so that such volume is not unreasonably loud, raucous, jarring disturbing or a nuisance to persons within the area of audibility.
(7) Maximum wattage. No sound amplifying equipment shall be operated with an excess of fifteen watts of power in the last stage of amplification.
(8) Other regulations. Such other regulations as Council shall require shall be a condition to the issuance of such license.
(Passed 12-13-90)
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