A. Unlawful To Make Loud Or Unnecessary Noises: It shall be unlawful for any person to make, or cause to be made any loud, unnecessary or unusual noise which either annoys, disturbs, or affects the comfort, repose, health, or peace of others.
B. Unlawful Acts: The following acts set forth in the following subsections are declared to be loud, disturbing, and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive:
1. Horns; Signaling Devices: The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle, except as a danger warning.
2. Radios, Tape And Disc Players, Etc.: The using, operating, or permitting to be played any radio receiving set, tape or disc player, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner, considering the time and place and the purpose for which the sound is produced, as to disturb the peace, quiet or repose of a person or persons of ordinary sensibilities.
a. The play, use, or operation of any radio, tape or disc player, musical instrument, phonograph or other machine or device for the production or reproduction of sound in such a manner as to be plainly audible at a distance of fifty feet (50') from such machine or device shall be prima facie evidence of a violation of this section.
b. When sound violating this section is produced or reproduced by a machine or device that is located in or on a vehicle, the vehicle's owner is guilty of the violation, provided, however, that if the vehicle's owner is not present at the time of the violation, the person in charge or control of the vehicle at the time of the violation is guilty of the violation.
c. Persons or entities may apply for a sound amplification permit from the city for events or activities which may otherwise violate the terms of this section. The guidelines for the issuance of permits are set by a resolution adopted by the city council.
d. This section shall not apply to sound produced by the following:
(1) Amplifying equipment used in connection with activities which are authorized, sponsored or permitted by the city, as long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity.
(2) Church bells, chimes or carillons.
(3) School bells.
(4) Antitheft devices.
(5) Machines or devices for the production of sound on or in authorized emergency vehicles.
(6) Sound amplifying equipment used to announce sporting events at athletic facilities owned by the city, the Moorhead public school district, Moorhead State University, Concordia College, or any parochial schools in the city.
e. With the exception of the machines or devices listed in subsection B2d of this section, this section shall apply to all radios, tape and disc players, musical instruments, phonographs, and machines and devices for the production or reproduction of sound, whether on public or private property.
3. Loudspeakers And Amplifiers For Advertising: The using, operating, or permitting to be played any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier 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 in any residentially zoned district or in any district between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M.
4. Yelling, Shouting, Etc.: Yelling, shouting, hooting, whistling, or singing 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, motel, or other place of residence, or of any persons in the vicinity.
5. Animals; Birds 1 : The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
6. Whistles Or Sirens: The blowing of a locomotive whistle or steam whistle attached to any stationary boiler or any siren whatsoever except to give notice of the time to begin or stop work or as a warning of fire or danger, or by public emergency vehicles.
7. Exhausts: The discharge into the open air of the exhaust of any vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
8. Defect In Vehicle Or Load: The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise which shall disturb the comfort or repose of any persons in the vicinity.
9. Sound Trucks: The use of sound trucks or any other vehicle equipped with sound amplifying devices for any purposes except as permitted by subsection B3 of this Section or pursuant to a permit issued pursuant to subsection B2c of this Section.
10. Schools, Courts, Churches, And Hospitals: The creation of any excessive noise on any street or private property adjacent to any school, institution of learning, church, court, or hospital while the same are in use which unreasonably interferes with the use thereof, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
11. Hawkers; Peddlers: The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
12. 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 aerating 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.
13. Noisy Parties And Gatherings:
a. Prohibition: No person shall, between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. congregate at, or participate in any party or gathering of two (2) or more people from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of another person. No person shall knowingly remain at such a noisy party or gathering.
b. Evidence: Noise of such volume as to be clearly audible at a distance of fifty feet (50') from the structure or building in which the party or gathering is occurring, or in the case of apartment buildings, in the adjacent hallway or apartment, shall be prima facie evidence of a violation of this Section.
c. Duty To Disperse: When a police officer determines that a party or gathering is in violation of this Section, the officer may order all persons present at the premises where the violation is occurring, other than the owner or tenants of the premises, to disperse immediately. No person shall knowingly remain at such a party or gathering.
d. Cooperation Of Owner Or Tenant: Every owner of such premises, or tenant in charge of such premises, who has knowledge of the disturbance shall cooperate with such police officer or officers and shall make reasonable efforts to stop the disturbance and disperse the gathering.
e. Exceptions: The following are exempt from violation of this Section:
(1) Activities which are duly authorized, sponsored or licensed by the City, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity.
(2) Church bells, chimes or carillons.
(3) Persons who have gone to a party for the sole purpose of abating the violation.
(4) Sporting events held at athletic facilities owned by the City, the Moorhead Public School District, Moorhead State University, Concordia College, or any parochial schools in the City.
f. Prima Facie Evidence Of Violation By Owner Or Tenant Of This Section:
(1) As to tenants, and owner if owner resides on the premises, if twice or more on the same day, or if on successive days, the Moorhead Police Department is called upon to enforce the terms of this Section either by citizen complaint or by personal investigation of a peace officer.
(2) As to the owner, if the owner does not reside at the premises, if after owner receives written notice of three (3) violations of this Section by his tenants at any premises owned by owner in the City within a six (6) month period, and after receipt of such written notice, the Moorhead Police Department is called upon to enforce this Section either by citizen complaint or by personal investigation of a peace officer.
C. Penalty: Any person violating any provisions of this Section shall be, upon conviction, penalized in accordance with the provisions of Section 1-4-2 of this Code. (Ord. 98-6, 6-15-1998)
Notes
| 1 | 1. See also subsection 3-7-9C of this code. |