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)