B. Specific Prohibitions: The following acts are declared to be in violation of this chapter:
1. Horns And Signaling Devices: Sounding of any horn or signaling device on any truck, automobile, motorcycle, emergency vehicle or other vehicle on any street or public place therein, except as a danger warning signal as provided in the vehicle code of the state or the sounding of any such signaling device for an unnecessary and unreasonable period of time.
2. Radios, Television Sets, Musical Instruments And Similar Devices:
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 for in subsection B3 of this section, in such a manner as to violate section 5-5-5 of this chapter or cause a noise disturbance.
b. The operating of any such device between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. the following day in such a manner as to be plainly audible at the property boundary of the source or plainly audible at fifty feet (50') from such device when operated in or on a vehicle on a public right of way or public space or in a boat on public water.
3. Public Loudspeakers: Using or operating a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound vehicle in or upon any street, alley, sidewalk, park place or public property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in such a manner as to violate section 5-5-5 of this chapter or cause a noise disturbance unless a permit, as provided by subsection 5-5-8A of this chapter is first obtained.
4. Hawkers And Peddlers 1 : Selling anything by outcry (vocal, electrical or mechanical amplification) within any area of the city therein zoned primarily for residential uses in such a manner as to violate section 5-5-5 of this chapter or cause a noise disturbance. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events.
5. Animals: Owning, keeping, possession or harboring any animal which, by request or habitual noisemaking, violates section 5-5-5 of this chapter or causes a noise disturbance 2 . The provisions of this section shall apply to all private and public facilities including any animal pounds, which hold or treat animals.
6. Loading Operation: Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage containers 3 or other objects between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. the following day in such manner as to violate section 5-5-5 of this chapter or cause a noise disturbance.
7. Refuse Compacting Vehicles: The operating or causing or permitting to be operated or used any refuse compacting vehicles which create a sound pressure level in excess of seventy four (74) Db(A) at fifty feet (50') from the vehicle.
8. Garbage Collection: The collection of garbage, waste or refuse between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. the following day:
a. In any area zoned residential, or within three hundred feet (300') of an area zoned residential.
b. In any land use district so as to cause a noise disturbance.
9. Construction Work: 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:
a. In residential or commercial land use districts between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. the following day.
b. In any land use district where such operation exceeds the sound level limits for an industrial land use as set forth in section 5-5-5 of this chapter.
10. Domestic Power Equipment: Operating or permitting to be operated any power equipment used for home or building repair or grounds maintenance, including but not limited to power saw, sander, lawn mower or garden equipment in residential or commercial zones:
a. Outdoors between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M the following day.
b. Any such power equipment which emits a sound level in excess of seventy four (74) dB(A) measured at a distance of fifty feet (50').
11. Commercial Power Equipment: Operating or permitting to be operated any power equipment, except construction equipment used for construction activities including, but not limited to, chain saws, pavement breakers, log chippers, powered hand tools:
a. In residential or commercial land use districts between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. of the following day.
b. In any land use district if such equipment emits a sound pressure level in excess of eighty two (82) dB(A) measured at a distance of fifty feet (50').
12. Enclosed Place Of Public Entertainment: Operating or permitting to be operated in any place of public entertainment any loudspeaker or other source of sound which produces, at a point that is normally occupied by a customer, maximum sound levels of ninety (90) dB(A) or greater as read with the slow response on a sound level meter unless a conspicuous and legible sign at least two hundred twenty five (225) square inches in area is posted near each public entrance stating: "Warning: Sound Levels Within May Cause Hearing Impairment". This provision shall not be construed to allow the operation of any loudspeaker or other source of sound in such a manner as to violate section 5-5-5 of this chapter.
13. Fireworks Or Explosives 4 : The use of explosives or fireworks or the firing of guns or other explosive devices so as to be audible across a property boundary or on a public space or right of way without first obtaining a permit as provided by subsection 5-5-8A of this chapter. This provision shall not be construed to permit conduct prohibited by other statutes, ordinances or regulations governing such activity 5 .
14. Racing Events: Permitting any motor vehicle racing event at any place in such a manner as to violate section 5-5-5 of this chapter or cause a noise disturbance.
15. Powered Model Mechanical Devices: The flying of a model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise producing devices between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. the following day or in such a manner as to violate section 5-5-5 of this chapter or cause a noise disturbance.
16. Dynamic Engine Braking Devices: (Commonly referred to as Jacob's brake.): Operating any motor vehicle with a dynamic engine braking device engaged, except for the aversion of imminent danger.
18. Standing Motor Vehicles: The operating or causing or permitting to be operated any motor vehicle or any auxiliary equipment attached thereto in such a manner as to violate section 5-5-5 of this chapter or cause a noise disturbance for a consecutive period longer than fifteen (15) minutes during which such vehicle is stationary in a residential zone.
19. Quiet Zones: Creating noise in excess of the residential standard, as defined in section 5-5-5 of this chapter, within the vicinity of any school, hospital, nursing home, institution of learning, court or other designated area while the same is in use, provided conspicuous signs are displaced in the streets indicating that the same is a quiet zone.
20. Bells And Alarms: Sounding, operating or permitting to sound or operate an electronically amplified signal from any burglar alarm, bell, chimes or clocks in schools, houses of religious worship or governmental buildings which fails to meet the sound level standards set forth in section 5-5-5 of this chapter for more than five (5) minutes in any hour.
21. Fixed Sirens Whistles And Horns: The sounding or causing the sounding of any whistle, horn or siren as a signal for commencing or suspending work or for any other purpose except as a sound signal of imminent danger or the testing of such equipment in such a manner as to violate section 5-5-5 of this chapter or cause a noise disturbance.
22. Vehicle, Recreational Vehicle Or Motorboat Repairs And Testing: Repairing, rebuilding, modifying or testing any vehicle, recreational vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary or within a quite zone.
23. Groups Or Gatherings Of People: Talking, laughing, yelling, singing or otherwise making noise by two (2) or more people between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. the following day in such a manner as to violate section 5-5-5 of this chapter or cause a noise disturbance. (1984 Code § 23A-7)
Notes
| 1 | 1. See title 4, chapter 5 of this code. |
| 2 | 2. See subsection 6-1-4A of this code. |
| 3 | 3. See chapter 4, article A of this title. |
| 4 | 1. SDCL § 9-33-1. |
| 5 | 2. See chapter 6 of this title. |
| 6 | 3. See section 7-7-5 of this code. |