(A) It shall be unlawful for any person within the city’s corporate limits, to continue, or cause to be made or continued, any unreasonably loud, harsh or excessive noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others, unless the making and continuing of the noise is necessary for the protection or preservation of property or the life, health, or safety of a person or persons. Any person who violates this chapter shall be subject to the penalties set forth in § 96.99.
(B) The following acts are hereby declared to be unreasonably loud, harsh or excessive noises in violation of this chapter, but the enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or other such audible signaling device on any automobile, motorcycle or other vehicle on any right-of-way, parking lot or other public place, except as a danger warning, for an unreasonable period of time;
(2) The use or operation of any radio, stereo, or other machine or device for the producing, reproducing or amplification of sound in any vehicle in such a manner as to create an unreasonably loud, harsh, or excessive noise, that disturbs the peace, quiet or comfort of others;
(3) The use or operation of, or allowing the use or operation of, any radio, stereo, musical instrument, or other machine or device for the producing or reproducing of sound in such a manner as to create an unreasonably loud, harsh or excessive noise which disturbs the peace, quiet, and comfort of others by creating or allowing a louder volume than is necessary for the convenient hearing of the person or persons who are voluntarily in the room, chamber, or vehicle in which any machine, device, or musical instrument described above is located;
(4) The use or operation of any vehicle in such manner as to produce any unreasonably loud, harsh or excessive noise, or to discharge into the open air the exhaust of any vehicle, except through a muffler or other device which will effectively prevent any unreasonably loud, harsh or excessive noises therefrom;
(5) The creation of any unreasonably loud, harsh, or excessive noise in connection with the loading or unloading of any vehicle, or by the operation of any such vehicle;
(6) The use of any mechanical loud speaker, amplifier, sound system, stereo or radio on any moving or standing vehicle for advertising, entertainment or any other purpose, in such a manner as to create an unreasonably loud, harsh or excessive noise; and
(7) The unreasonably prolonged continuation of animal noises, as provided in § 91.07.
(C) The standards which shall be considered in determining whether a violation of this section exists shall include, but not be limited to, the following:
(1) The volume of the noise;
(2) The intensity of the noise;
(3) The volume and intensity of background noise, if any;
(4) The proximity of the noise to a residential area, place of public accommodation, such as a hotel, motel, inn, campground and the like, health care facilities, churches or schools;
(5) The nature and zoning of the area within which the noise emanates;
(6) The density of inhabitation of the area within which the noise emanates;
(7) The time of day or night the noise occurs;
(8) The duration of the noise;
(9) Whether the noise is recurrent, intermittent or constant; and
(10) Whether any applicable exemptions apply.
(Ord. A-03-53, passed 8-21-2003; Am. Ord. G-11-42, passed 12-15-2011; Ord. G-16-08, passed 9-1-2016) Penalty, see § 96.99