(A) In general. No person shall unreasonably make or continue, or cause to be made or continued, any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from operation under this section.
(B) Radios, musical instruments, and similar devices. No person shall operate or play, or permit the operation or playing of, any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in such a manner as to:
(1) Noise disturbances. Create a noise disturbance across a real property boundary or within a noise sensitive zone. If such a device is plainly audible on the property of another or within a building other than that within which the device is located, and if a complaint is made to the Chief of Police or his or her designee regarding annoyance or disturbance as a result of such device, this shall serve as primafacie evidence of a violation; and
(2) Motor vehicles. Create a noise disturbance or result in an unreasonable sound level from such device, when operated in or on a motor vehicle on a public right-of-way, public space or space open to the general public, or in a boat on public waters.
(C) Loudspeakers. No person shall use or operate for any non-commercial purpose any loudspeaker, public address system, or similar device between 10:00 p.m. and 7:00 a.m. of the following day so that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone. No person shall use or operate for any commercial purpose any loudspeaker, public address system, or similar device so that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone, or between 10:00 p.m. and 7:00 a.m. of the following day on a public right-of-way or public space.
(D) Construction. No person shall erect (including excavate), demolish, alter, or repair any building, excavate any street or highway, or operate any machine or equipment on public or private property, except between the hours of 7:00 a.m. and 10:00 p.m., or in case of urgent necessity in the interest of public health and safety, and when approval has been obtained from the City Clerk.
(E) Stationary non-emergency signaling devices. No person shall sound or permit the sounding, from any place, of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device intended primarily for non-emergency purposes. Such devices, when used in conjunction with places of religious worship, shall be exempt from this division (E).
(F) Miscellaneous noises. Each of the following acts is hereby prohibited, but this enumeration shall not be deemed to be exclusive, namely:
(1) Horns and signal devices in vehicles. Between the hours of 11:00 p.m. and 7:00 a.m. of the following day, the sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or to give warning of intent to get under motion, or, if in motion, only as a danger signal after brakes have been applied, or as brakes are being applied, and deceleration of the vehicle is intended; the creation by means of any such horn or signal device of any unreasonably loud or harsh sound, and the sounding of such a horn or device for an unnecessary and unreasonable period of time;
(2) Racing of motors. The racing of motors while the same are being tuned up, or the backfiring of engines in automobiles during tune-ups or warm-ups, creating any unreasonably loud or harsh sound between the hours of 11:00 p.m. and 7:00 a.m. of the following day;
(3) Shouting and whistling. Unnecessary or unreasonably loud shouting and whistling at any time or place in the city;
(4) Hawking. The hawking of goods, merchandise, and newspapers in a loud and boisterous manner;
(5) Animal and bird noises. The keeping of any animal or bird which, because of frequent or long continued noise, shall disturb the comfort or repose of any person;
(6) Whistles or sirens. The blowing of any whistle or siren, except to give notice of the time to begin or stop work, or as a warning of fire or danger;
(7) Devices to attract attention. The use of any drum, loudspeaker, amplifier, or other instrument or device for the purpose of attracting attention, without first having obtained a permit therefor from the City Clerk; and
(8) Sound trucks. To operate, or cause to be operated, a sound truck with radio or amplifier, within the city, without first having obtained a permit therefor from the City Clerk.
(G) Exceptions. None of the prohibitions set forth in divisions (A) through (F) above shall apply to or be enforced against:
(1) Emergency vehicles. Any authorized emergency vehicle when responding to an emergency call; and
(2) Amplifiers. The reasonable use of stationary amplifiers or loudspeakers in the course of public addresses which are non-commercial in character.
(Prior Code, § 672.01) Penalty, see § 10.99