Unlawful noises prohibited. It shall be unlawful for any person to make, cause to be made, continue or permit any excessive or unreasonably loud noise or any other raucous sound, considering the time, date, place and nature of such noise or sound, that annoys, disturbs, injures or endangers the comfort, health, peace or safety of a person of ordinary sensibilities in the city. Said noises include, but are not limited to:
(A) Unlawful noises from business, commercial, industrial, and public zones. It shall be unlawful for any person to emit, cause to be emitted, or permit the emission of a noise which leaves premises on which it originates in excess of a sound pressure level of eighty (80) db(A) from the hours of 7:00 a.m. to 12:00 a.m. and seventy-five (75) db(A) from 12:00 a.m. to 7:00 a.m.
(1) Location of measurement. For the purposes of this subsection, sound shall be measured directly across the street from the source of the sound at the back of the sidewalk, or in the absence of a sidewalk, the back of the curb shall be used.
(2) Measuring instrument. All sound measurements for this subsection shall be made on a sound level meter calibrated in the matter required by the manufacturer’s specifications.
(B) Unlawful noises from residences, or areas zoned or used for residential purposes, or any use not included in subsection (A) above. It shall be unlawful for any person to emit, cause to be emitted or permit the emission of any sustained noise which leaves the premises on which it originates in excess of a sound pressure level of sixty-five (65) db(A). For purposes of this section, the term “SUSTAIN” shall mean five (5) minutes or more.
(1) Location of measurement. For the purposes of this subsection, sound shall be measured at the property line (boundary) of the property from which the sound originates.
(2) Measuring instrument. All sound measurements for this subsection shall be made on a sound level meter calibrated in the manner required by the manufacturer’s specifications.
(C) Unlawful noises emanating from motor vehicles. No person operating or occupying a motor vehicle shall play, use, operate or permit to be played, used or operated, any radio, tape player, cassette player, compact disc player, DVD player, loud speaker, sound amplification system or other device designed to generate, amplify, and/or reproduce sustained sound within the motor vehicle in such a manner than the sound is plainly audible by another human, being at a distance of fifty (50) feet from the device producing the sound. “PLAINLY AUDIBLE”" means any sound which can be clearly heard, by unimpaired auditory senses based on a direct line of sight of fifty (50) or more feet; however, words or phrases need not be discernible and said sound shall include bass reverberation. For purposes of this section, the term “SUSTAIN” shall mean five (5) minutes or more.
(D) Other noise disturbances. It shall be unlawful for any person to make, continue or cause or allow to be made or continue any noise disturbance, including but not limited to, the following:
(1) Horns, signaling devices and the like. The sounding of any horn or signaling device of any motor vehicle on any public street or place of the city continuously or intermittently, except as a danger or emergency warning.
(2) Animals, birds and the like. The keeping of any animal, bird and the like that barks, yelps, or otherwise creates a sustained nuisance to persons of ordinary sensibilities within the area of audibility. For purposes of this section, the term “SUSTAIN” shall mean five (5) minutes or more.
(3) Noise near schools, courts, churches or hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital.
(Ord. 16:2022, passed 11-7-22) Penalty, see § 91.99