(a) (1) No person within the City shall knowingly make, continue, cause to be made, continued, or permitted any noise disturbance without the consent of the owner or person in lawful possession of a lot upon which the noise disturbance occurs.
(2) In addition to the specific prohibitions outlined in this section, no person shall unreasonably make, continue, or cause to be made, continued, or permitted, any noise disturbance. This section shall not apply to non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way.
(b) As used in section (a) of this section, "noise disturbance" means:
(1) Upon a lot within any residential district and the R-1, R-2, R-3, R-4, R-5, R-10, RVG, RMH, C-1 districts and a PUD district where a lot is devoted to residential use:
A. Sound originating from a location other than the point of reception can be heard by a person of ordinary hearing at a volume equivalent to or in excess of normal human conversational voice within the hours of 7:00 a.m. to 8:59 p.m. for a period of time equivalent to or greater than:
1. Sixty (60) minutes where the sound is continuous or intermittent, or;
2. Ninety (90) cumulative minutes.
3. Forty-five (45) minutes where the sound is produced by a motorized delivery vehicle.
B. Sound originating from a location other than the point of reception can be heard by a person of ordinary hearing at a volume equivalent to or in excess of normal human conversational voice within the hours of 9:00 p.m. to 6:59 a.m. for a period of time equivalent to or greater than:
1. Ten (10) minutes where the sound is continuous or intermittent, or;
2. Fifteen (15) cumulative minutes.
C. In addition to and independent of the prohibitions contained in subsection B. hereof, sound originating from a location other than the point of reception is audible to a person of ordinary hearing within a dwelling unit within the hours of 11:00 p.m. to 6:59 a.m. for a period of time equivalent to or greater than:
1. Five (5) minutes where the sound is continuous or intermittent, or;
2. Ten (10) cumulative minutes.
D. Sound originating from a location other than the point of reception caused by the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects and moving, backing or maneuvering of motor vehicles preliminary to or in conjunction with or subsequent to loading or unloading said vehicles between the hours of 9:00 p.m. and 7:00 a.m.
(2) Upon a lot within the B- 1, B-2, B-3 districts and a PUD district where a lot is devoted to any use permitted within a B-2 district:
A. Sound originating from a location other than the point of reception can be heard by a person of ordinary hearing at a volume equivalent to or in excess of normal human conversational voice within the hours of 7:00 a.m. to 10:59 p.m. for a period of time equivalent to or greater than:
1. Sixty (60) minutes where the sound is continuous or intermittent, or;
2. Ninety (90) cumulative minutes.
B. Sound originating from a location other than the point of reception can be heard by a person of ordinary hearing at a volume equivalent to or in excess of normal human conversational voice within the hours of 11:00 p.m. to 6:59 a.m. for a period of time equivalent to or greater than:
1. Fifteen (15) minutes where the sound is continuous or intermittent, or;
2. Thirty (30) cumulative minutes.
(3) Upon a lot within the MIP, M-1, M-2, and MRD districts: Sound originating from a location other than the point of reception can be heard by a person of ordinary hearing at a volume equivalent to or in excess of normal human conversational voice for a period of time equivalent to or greater than:
A. Sixty (60) minutes in any twenty-four (24) hour period where the sound is continuous or intermittent, or;
B. Ninety (90) cumulative minutes in any twenty-four (24) hour period.
(4) Without regard to duration nor time of day, any sound that is of such volume as to endanger or injure the safety or health of humans or animals.
(5) Notwithstanding any provisions of this chapter to the contrary, upon a lot within any zoning district, sound created by a domesticated animal and which originates from a location other than the point of reception is audible for a period of time equivalent to or greater than ten (10) minutes where the sound is continuous or intermittent.
(c) Whoever violates this section shall be guilty of a minor misdemeanor upon a first offense; shall be guilty of a fourth degree misdemeanor upon a second offense within twelve months of the first offense; and shall be guilty of a third degree misdemeanor upon three or more offenses within twelve months of the first offense.
(Ord. 09-0-67. Passed 6-16-09.)