(a) No person shall do, cause or permit any of the following:
(1) Animals and birds. Own, possess or harbor any animal or bird that frequently, or for continued duration, howls, barks, meows, squawks or makes other sounds that create a noise disturbance across a residential real property boundary;
(2) Places of public entertainment. Operate, play or permit the operation or paying o any radio, television, phonograph, drum or other musical instrument, sound amplifier or similar device that produces, reproduces or amplifies sound in any place of public entertainment in such a manner as to cause a noise disturbance across residential areas between the hours of 10:00 p.m. and 7:00 a.m. of the following day, Sunday through Thursday and between the hours of 11:00 p.m. and 7:00 a.m. Friday and Saturday into the following day, unless issued a special variance by the Director of Public Safety.
A. Sound levels within the place of public entertainment greater than 95 dba as read by the slow response on a sound level meter at any point at a place that is normally occupied by a customer are not permitted unless a conspicuous and legible sign is located outside such place near each public entrance, stating "Warning: Sound levels within may cause permanent hearing impairment";
(3) Vehicle or motorboat repairs and testing. Repair, rebuild, modify or test any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary;
(4) Adequate mufflers or sound dissipative devices.
A. Operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation;
B. Remove or render inoperative or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle; or
C. Discharge into the open air the exhaust of any steam engine, stationary internal combustion engine or motorboat, except through a muffler or other device in good working order and in constant operation;
(5) Motor vehicles.
A. Operate or permit the operation of any motor vehicle with a gross vehicle weight rating in excess of 10,000 pounds or any auxiliary equipment attached to such a vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, in such a manner as to create a noise disturbance, for reasons other than traffic congestion, between the hours of 10:00 p.m. and 7:00 a.m. of the following day; or
B. Race the motor of any vehicle unnecessarily or operate any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly accelerated or started from a stopped position that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or leave tire marks on the pavement or other surface, commonly called “Peeling”;
(6) Loading and unloading. Load, unload, open, close or otherwise handle boxes , crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. of the following day in such a manner as to cause a noise disturbance across a residential real property boundary;
(7) Construction. Operate or permit the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 10:00 p.m. and 7:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by special variance. This paragraph does not apply to the use of domestic power tools subject to subdivision (a)(11) of this section.
(8) Emergency signaling devices.
A. Intentionally sound or permit the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in this subsection.
Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 7:00 a.m. or after 10:00 p.m. or the closing time of a commercial establishment, whichever occurs later. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur before 7:00 a.m. or after 10:00 p.m. In no case shall such test time exceed ten minutes.
B. Sound or permit the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, unless such alarm is automatically terminated within two minutes of activation, or within a reasonable time after notification of activation; or
C. Sound any horn or other auditory signaling device on or in any motor vehicle on any public right of way or public space, except as a warning of danger;
(9) Radios, television sets, musical instruments and similar devices. Operate, play or permit the operation or playing of any radio, television, phonograph, drum or other musical instrument, sound amplifier or similar device that produces, reproduces or amplifies sound:
A. Between the hours of 10:00 p.m. and 7:00 a.m. of the following day in such a manner as to create a noise disturbance across a residential real property boundary; or
B. In such a manner as to create a noise disturbance at fifty feet (fifteen meters) from such device, when operated in or on a motor vehicle on a public right of way or public space;
(10) Loudspeakers and public address systems.
A. Use or operate for any noncommercial purpose any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 7:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary. Mobile sound vehicles amplifying noncommercial spoken language between 10:00 p.m. and 7:00 a.m. of the following day shall be exempt from this subdivision with a special variance issued by the Director of Public Safety.
B. Use or operate for any commercial purpose any loudspeaker, public address system or similar device such that the sound therefrom between the hours of 10:00 p.m. and 7:00 a.m. of the following day that creates a noise disturbance on a public right of way or public space;
(11) Domestic power tools. Operate or permit the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or other similar device used outdoors, other than powered snow removal equipment, in residential areas between the hours of 10:00 p.m. and 7:00 a.m. of the following day, so as to cause a noise disturbance across a residential real property boundary; or
(12) Powered model vehicles. Operate or permit the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 10:00 p.m. and 7:00 a.m. of the following day. During the permitted period of operation, maximum sound levels in a residential area shall not exceed sixty dBA measured at a distance of fifty feet from any point on the path of the vehicle.
(b) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor on a first offense and a misdemeanor of the fourth degree for each subsequent offense. Whoever maliciously violates any of the provisions of this section is guilty of a misdemeanor of the third degree. The penalty shall be as provided. in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 84-42. Passed 7-16-84; Ord. 22-43. Passed 11-21-22.)