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§ 91.35 FINDING; DECLARATION.
   It is found and declared that:
   (A)   The making and creation of excessive, unnecessary or unusually loud noises within the corporate limits of the city is a condition that exists, and the extent and volume of such noises is increasing;
   (B)   The making, creation or maintenance of such excessive, unnecessary or unusually loud noises which are prolonged, unusual or unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the inhabitants of the city; and
   (C)   The necessity in the public interest for the provisions and prohibitions concerning noise which are hereinafter contained is hereby declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions herein after contained are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.
(Prior Code, § 4-401) (Ord. 445, passed 6-19-1984)
Statutory reference:
   Similar provisions, see Neb. RS 17-556
§ 91.36 PROHIBITED.
   It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary 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 corporate limits of the city. provided, this section shall not apply to noise that by § 91.38 is declared to be exempt from the provisions of this section, or to noise caused or permitted by a person to whom a permit has been granted as provided in § 91.39.
(Prior Code, § 4-402) (Ord. 445, passed 6-19-1984) Penalty, see § 91.99
Statutory reference:
   Similar provisions, see Neb. RS 17-556
§ 91.37 STANDARDS; PARTICULAR NOISES.
   The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of § 91.36, but such enumeration shall not be deemed to be exclusive:
   (A)   The keeping of any animal or bird which by causing frequent or long continued noise, including barking, shall disturb the comfort or repose of any person in the vicinity;
   (B)   The operation of any motor vehicle, 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;
   (C)   The sounding of any horn or signaling device on any motor vehicle, 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 horn, whistle or other device operated by engine exhaust; and the use of any such signaling device by which traffic is for any reason held up;
   (D)   The operation between the hours of 7:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise;
   (E)   The creation of an excessive noise within any quiet zone established by the City Council which unreasonably interferes with the use of the premises, or disturbs or unduly annoys occupants or users of the premises for the benefit of whom the quiet zone has been established;
   (F)   Shouting or loud hollering which unreasonably interferes with the comfort or repose of any person in the vicinity; and
   (G)   The use or operation of any radio or other mechanical or electrical devices or instruments amplifying and reproducing the human voice, or any sound or noise, in any public or private place, or from any moving vehicle, in such manner that the peace and good order of the neighborhood are disturbed, or that persons owning, using or occupying property in the neighborhood are disturbed or annoyed. Provided, the City Council may grant permission for the erection and use of temporary radio speakers, and other mechanical or electrical devices or instruments amplifying and reproducing the human voice, or any sound or noise at a fixed location, or on moving vehicles, as a part of a celebration or commemoration of a patriotic or historic event, or national or state holiday, or local celebration, or at gatherings of a public nature, and at such other times as the City Council may see fit; provided, further, the City Council, in granting such permission, shall expressly designate the time such permission shall continue.
(Prior Code, § 4-403) (Ord. 445, passed 6-19-1984) Penalty, see § 91.99
Statutory reference:
   Similar provisions, see Neb. RS 17-556
§ 91.38 EXEMPTIONS.
   The following noises shall be exempt from the provisions of § 91.36:
   (A)   Noises of safety signals, warning devices and emergency pressure-relief valves; and
   (B)   Noises caused by any Police or Fire Department vehicle or any authorized emergency vehicle when responding to an emergency call or acting in the time of emergency.
(Prior Code, § 4-404) (Ord. 445, passed 6-19-1984)
Statutory reference:
   Similar provisions, see Neb. RS 17-556
§ 91.39 SPECIAL PERMIT.
   (A)   An application for a permit to cause or permit noise otherwise prohibited by § 91.37 on the basis of undue hardship may be made to the City Clerk-Treasurer, or his or her duly authorized representative. Any permit granted hereunder shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective.
   (B)   The City Clerk-Treasurer, or his or her duly authorized representative, may grant the relief as applied for if he or she finds:
      (1)   Additional time is necessary for the applicant to alter or modify his or her activity or operation to comply with § 91.37;
      (2)   The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that would comply with other subsections of this section; and
      (3)   No other reasonable alternative is available to the applicant. The City Clerk-Treasurer may prescribe any conditions or requirements he or she deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.
(Prior Code, § 4-405) (Ord. 445, passed 6-19-1984)
Statutory reference:
   Similar provisions, see Neb. RS 17-556
§ 91.99 PENALTY.
   (A)   (1)   Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply or for each separate incident constituting a violation.
      (2)   Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.
(Prior Code, § 4-501)
   (B)   Any owner or occupant of a lot or piece of ground within the city shall, upon conviction of violating § 91.20, be subject to the penalty set forth in § 10.99.
(Prior Code, § 6-309)
   (C)   Any person, persons, association or corporation violating any of the provisions of § 91.35 through 91.39 shall, upon conviction, be fined in an amount not to exceed $100.
(Prior Code, § 4-406)
(Ord. 445, passed 6-19-1984; Ord. 626, passed 4-3-2001; Ord. 658, passed 8-5-2003)
Statutory reference:
   Similar provisions, see Neb. RS 17-505