The following acts are declared to be loud, disturbing and unnecessary noises in violation of § 92.03, but such enumeration shall not be deemed to be exclusive:
(A) Animals and birds. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity;
(B) Defect in vehicle or load. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise;
(C) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, snow blower, small power equipment or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 8:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary;
(D) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale;
(E) Engine repair and testing. It shall be unlawful for any person to repair, rebuild or test any engine so as to create a noise disturbance;
(F) Brakes and exhaust. Compression release type engine braking systems that produce a distinctive staccato sound, as well as modified or defective exhaust systems such as straight stacks or gutted mufflers, that emit more than 80 dBa as measured at 50 feet. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(G) Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for any unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up;
(H) Loudspeakers/public address system.
(1) Using or operating for any noncommercial purpose any loudspeaker, public address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone.
(2) Using or operating for any commercial purpose any loudspeaker, public address system or similar device such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone; or between the hours of 8:00 p.m. and 10:00 a.m. the following day on a public right-of-way or public space.
(I) Radios, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device, which produces, reproduces or amplifies sound:
(1) Between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone (except for activities open to the public and for which a permit has been issued by “appropriate authority” according to criteria set forth in §§ 93.45 to 93.58);
(2) In such a manner so as to create a noise disturbance at 50 feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters; or
(3) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.
(J) Yelling and shouting. Yelling, shouting, whistling, hooting or generally creating a racket on public rights-of-way or public spaces between the hours of 8:00 p.m. and 10:00 a.m. the following day so as to annoy or disturb the quiet, comfort or repose of persons in any business or residence, or of any person in the vicinity.
(Prior Code, § 508.04) (Ord. 01-13, passed 9-25-2001) Penalty, see § 92.99