It shall be unlawful for any person to make, or cause to be made, create or maintain, loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, and which affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City, or which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the City. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:
A. Horns, Signaling Devices, Etc.: 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 unreasonably loud or harsh sound; and 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 engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
B. Radios, Boom Boxes, Personal Music Devices, Etc.:
1. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, personal musical device or other machine or device for the producing or reproducing of sound in such 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.
2. The operation of any such set, instrument, machine or device between the hours of eleven o’clock (11:00) P.M. and seven o’clock (7:00) A.M. in such a manner as to be plainly audible at a distance of fifty feet (50') from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
C. Loudspeakers, Amplifiers, For Advertising: The using, operating or permitting to be played, used or operated of any radio receiving set, instrument, phonograph, loudspeaker, sound amplifiers, 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, except as otherwise provided in section 5-7-2 of this Code.
D. 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.
E. Defect In Vehicle Or Load: The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
F. Construction, Alteration Or Repair:
1. No activities in connection with construction, alteration, repair or demolition, shall be carried on other than during the following hours:
HOURS OF CONSTRUCTION
Weekdays | Saturdays | Sundays And Legal Holidays |
7:00 A.M. - 8:00 P.M. | 8:00 A.M. - 8:00 P.M. | 8:00 A.M. - 6:00 P.M. |
2. Exceptions:
a. These activities may be conducted outside the specified times in the event of emergencies in order to protect the health, safety, or welfare of the public.
b. The hours may be extended when involving City projects when it serves the best interest of the public good provided the affect on the public health, comfort, convenience, peace, safety and welfare are minimized.
G. Schools, Courts, Churches, Hospitals: The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
H. Drums: The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
I. Pile Drivers, Hammers, Etc.: The operation between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electrical hoist or other appliance, the use of which is attended by loud or unusual noise.
J. Blowers: The operation of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
K. Internal Combustion Engines; Penalty: Without the prior written permit of the Director of Community Development, the operation of or the permitting of the operation of internal combustion engines between the hours of six o’clock (6:00) P.M. and seven o’clock (7:00) A.M., in subdivisions under construction, is prohibited. Any person, firm or corporation violating this subsection shall be fined not less than seven hundred fifty dollars ($750.00) for each offense and be responsible for the City’s cost of prosecution, including attorney fees incurred. Each day that a violation continues shall be considered a separate offense.
L. Machinery:
1. Definition: For the purposes of this subsection, “machinery” shall be defined as any equipment that is used for the purpose of excavating, scraping, moving, filling or leveling of earth in connection with construction or land development.
HOURS OF CONSTRUCTION
Weekdays | Saturdays | Sundays And Legal Holidays |
7:00 A.M. - 8:00 P.M. | 8:00 A.M. - 4:00 P.M. | Prohibited |
2. Exceptions:
a. The operation of machinery may be conducted outside the specified times in the event of emergencies in order to protect the health, safety or welfare of the public.
b. The hours may be extended when involving City projects when it serves the best interest of the public good provided the affect on the public health, comfort, convenience, peace, safety and welfare are minimized.
c. The operation of motorized garden equipment for the purpose of preparing the soil for planting.
(1987 Code § 14-8)