(A) All loud or unusual noises or sounds and annoying vibrations which offend the peace and quiet of persons of ordinary sensibilities are hereby declared to be public nuisances.
(1979 Code, § 9.20)
(B) Each of the following acts is declared unlawful and prohibited, but this enumeration shall not be deemed to be exclusive, namely the following:
(1) Animal and bird noises. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person;
(2) Construction noises. The erection (including excavating therefor), demolition, alteration or repair of any building, and the excavation of streets and highways on Sundays, and other days except between the hours of 7:00 a.m. and 6:00 p.m., unless a permit be first obtained from the Superintendent of Public Works;
(3) Sound amplifiers. Use of any loud speaker, amplifier or other instrument or device, whether stationary or mounted on a vehicle for any purpose except one which is noncommercial in character and when so used shall be subject to the following restrictions:
(a) The only sounds permitted are music or human speech;
(b) Operations are permitted for four hours each day except on Sundays and legal holidays when no operations shall be authorized. The permitted four hours of operation shall be as designated by the Chief of Police;
(c) Sound amplifying equipment mounted on vehicles 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 said truck is stopped or impeded by traffic;
(d) Sound shall not be issued within 100 yards of hospitals, schools or churches; and
(e) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet from the sound amplifying equipment and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
(4) Engine exhausts prohibition of compression (Jake) brakes. No person shall operate a truck or other motor vehicle within the city limits in such a manner so as to operate or activate a compression brake or Jake brake. Additionally, the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which effectively prevents loud or explosive noises therefrom;
(5) Handling merchandise. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
(6) Blowers. The discharge into the open air of noise from a compressor, blower or power fan unless the noise from such compressor, blower or fan is muffled sufficiently to deaden such noise;
(7) Hawking. The hawking of goods, merchandise or newspapers in a loud and boisterous manner;
(8) Horns and signal devices. The sounding of any horns or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control or to give warning of intent to get under motion or, if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device or any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time;
(9) Radio and musical instruments. The playing of any radio, television set, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 11:00 p.m. and 7:00 a.m. or at 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;
(10) Shouting and whistling. Yelling, shouting, hooting, whistling or singing or the making of any other loud noise on the public streets between the hours of 11:00 p.m. and 7:00 a.m. or the making of any such noise at any time so as to annoy or disturb the quiet, comfort or repose of persons in any school, place of worship or office or in any dwelling, hotel or other type of residence or of any persons in the vicinity; and
(11) Whistle or siren. The blowing of any whistle or siren, except to give notice of the time to begin or stop work or as a warning of fire or danger.
(1979 Code, § 9.21)
(C) None of the terms or prohibitions of division (B) above shall apply to, or be enforced against, the following:
(1) Any police or fire vehicle or any ambulance, while engaged upon emergency business; or
(2) Excavations or repairs of bridges, streets or highways by, or on behalf of, the city or the state, during the night, when the public safety, welfare and convenience renders it impossible to perform such work during the day.
(1979 Code, § 9.22)
(Ord. 150, passed 9-4-2001) Penalty, see § 10.99