The following are declared to be nuisance noises:
(A) Horns or sirens. The sounding of any siren or any horn, siren or other signaling device on a motor vehicle, except in cases of eminent danger or emergency, or blowing of a locomotive whistle or steam whistle, except to give notice of the time to begin or stop work or as a warning of fire or danger.
(B) Radios, stereos, tape recorders and the like.
(1) The use or operation of a radio receiving set, musical instrument, phonograph, stereo, tape recorder, CD player or other machine or device used for production or reproduction of sound at a volume in excess of that reasonably necessary for the convenient hearing of the person or persons in the room, vehicle or chamber in which the same is being operated.
(2) The operation of any radio receiving set, musical instrument, phonograph, stereo, tape recorder, or other machine or device for the reproducing or producing of sound between 10:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation of this subchapter if sound therefrom is plainly audible:
(a) In an apartment or hallway of a multi-family building adjacent to the unit where the device is operating;
(b) At the boundary of the real property on which the device is operated; or
(c) At a distance of fifty (50) feet from any motor vehicle in which the device is operating.
(C) Loudspeakers, amplifiers, sound trucks. The use or operation of any loudspeaker, sound amplifier, sound truck or vehicle equipped with sound amplifying devices or other machine or device for the producing or reproducing of sound which is used to attract the attention of the public to any building, structure, business, vehicle or other area.
(D) Human noise. Yelling, shouting, screaming, whistling or singing at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in any office, dwelling, hotel, motel, other place of residence, or in the vicinity of the source.
(E) Animal noises. The frequent or continued barking, howling or other noise from any animal or bird not confined within a building.
(F) Vehicle loading and exhaust. The discharge of the exhaust of any motor vehicle into the ambient air except through a muffler which is free of holes, cracks or other defects. The operation, loading or unloading of any motor vehicle in such a manner as to create loud and unnecessary grading, grinding, rattling or other noise which shall disturb the comfort or repose of any persons in the vicinity.
(G) Engine/brake noise. The use of engine retarder brakes is prohibited within the city limits of the city except in an emergency.
(H) Construction activities. The erection, demolition, alteration or repair of any building or earth moving or excavation activities occurring between the hours of 9:00 p.m. and 6:00 a.m. Monday through Saturday or on Sunday, except as undertaken by persons working on single-family residences occupied by them or as authorized by the Building Inspector based upon emergency for the protection of health and safety.
(I) Schools, courts, churches and hospitals. Any activity which generates sound occurring adjacent to a school, court, church or hospital while the same are in use and which unreasonably interferes with the use thereof.
(J) Loud parties.
(1) Sound emanating from any party or gathering between the hours of 10:00 p.m. and 7:00 a.m. of a sufficient volume so as to disturb peace, quiet or repose of other persons within the city.
(2) It shall be prima facie evidence of a violation of this subchapter if the sound of the party or gathering is audible to a human ear at a distance of fifty (50) feet from the building or dwelling unit from which the sound emanates.
(1969 Code, § 139.11) (Ord. 291, passed 10-3-2000) Penalty, see § 10.99