(A) The making and creating of any excessive or unusually loud noise (or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others) within the city as heard without measurement or heard and measured in the manner prescribed herein is hereby declared to be unlawful, except when made under and in compliance with a permit issued as hereinafter provided.
(B) These noises include but are not limited to:
(1) (a) Sounding of any horn or signaling device on any truck, automobile, motorcycle, emergency vehicle, or other vehicle on any street or public place of the city except as a danger warning signal;
(b) The creation of, by means of any signaling device, a sound in excess of 90 dB(A) at 50 feet from the front of the vehicle; or
(c) The sounding of any signaling device for any unnecessary and unreasonable period of time.
(2) (a) Using, operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, or other machine or device for the production or reproduction of sound, except as provided in division (B)(3) below, in a manner as to cause noise disturbance; and/or
(b) The operating of any device between the hours of 10:00 p.m. and the following 7:00 a.m., in a manner as to be plainly audible at the property boundary of the source or plainly audible through party walls within a building or plainly audible at 50 feet from the device when operated within a vehicle parked on a public right-of-way.
(3) Using or operating a loudspeaker or sound amplifying vehicle for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place, or public property without first obtaining a permit;
(4) Operating or causing to be used or operated any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto, such as, but not limited to, pile drivers, power shovels, hammer derricks, bulldozers, crawler-tractors, rotary drills, augers, and pneumatic power equipment or other mechanical apparatus powered by internal combustion engines or electricity which cause noise disturbances without first obtaining a permit;
(5) Repairing, rebuilding, modifying, or testing any truck, automobile, motorcycle, or other motor vehicle in such a manner as to cause noise disturbance;
(6) Operating any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device so as to cause noise disturbance;
(7) Operating or permitting to be operated any loudspeaker or other source of amplified sound in such a manner as to violate the permissible noise exposures of the U.S. Occupational Safety and Health Act (OSHA) for any individual in any enclosed place of public entertainment;
(8) Operating or permitting the operation of any motor of a motor vehicle in excess of 10,000 pounds, manufacturer's gross vehicle weight or any attached auxiliary equipment, for a consecutive period longer than ten minutes while such a vehicle is standing on a public right-of-way in a residential district or in a quiet zone or is on private property in a residential district or quiet zone and is not within a completely enclosed structure; and
(9) Creating any excessive, unnecessary or unusually loud noise within the vicinity of any school, hospital, institution of learning, court, or other designated area where exceptional quiet is necessary, while the same are in use, provided that conspicuous signs are displayed in the streets indicating that the same is a quiet zone.
(Prior Code, § 4-602)
Statutory reference:
Authority, see Neb. RS 16-227, 16-228