The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:
(a) Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary.
(b) Places of Public Entertainment. 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 in any place of public entertainment at a sound level greater than ninety-five dBA as read by the slow response on a sound level meter at any point that is normally occupied by a customer, 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".
(c) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
(d) Adequate Mufflers or Sound Dissipative Devices.
(1) Operating or causing 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.
(2) Removing or rendering inoperative, or causing 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.
(3) The discharge into the open air of 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.
(e) Motor Vehicles.
(1) Operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) 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, for reasons other than traffic congestion, between the hours of 9:00 p.m. and 7:30 a.m. the following day.
(2) Racing the motor of any vehicle unnecessarily or operating any motor vehicle, except in an emergency in such 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".
(3) Operating, or permitting the operation of any tow motor, payloader, backhoe or other similar motorized vehicle used for loading, unloading, and/or transporting goods on any premises, within 175 feet of any residential lot line, on any day between the hours of 9:00 p.m. and 7:30 a.m.
(f) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 9:00 p.m. and 7:30 a.m. the following day as any such activity within 250 feet of a residential building is deemed to cause a noise disturbance across a residential real property boundary.
(g) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work:
(1) Between the hours of 9:00 p.m. and 7:30 a.m. the following day on weekdays or 8:00 p.m. and 10:00 a.m. on Sundays, 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.
(2) This section shall not apply to the use of domestic power tools subject to subsection (k) hereof.
(h) Emergency Signaling Devices.
(1) The intentional sounding or permitting 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 subsections (h)(2) and (3) hereof.
(2) 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 8:00 a.m. or after 9:00 p.m. or the closing time of a commercial establishment, whichever shall occur later. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.
(3) 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 8:00 a.m. or after 9:00 p.m. In no case shall such test time exceed ten minutes.
(4) Sounding or permitting 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.
(5) The sounding of 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.
(i) Radios, Television Sets, 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 12:00 midnight and 8:00 a.m. the following day in such a manner as to create a noise disturbance across a residential real property boundary.
(2) In such a manner as to create a noise disturbance at fifty feet from such device, when operated in or on a motor vehicle on a public right of way or public space.
(j) Loudspeakers/Public Address Systems.
(1) Using or operating for any noncommercial purpose any loudspeaker, public address system or similar device between the hours of 9:00 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. Mobile sound vehicles amplifying noncommercial spoken language between 9:00 p.m. and 8:00 a.m. the following day shall be exempt from this section with a permit from the Safety Director.
(2) Using or operating for any commercial purpose any loudspeaker, public address system or similar device such that the sound therefrom between the hours of 9:00 p.m. and 8:00 a.m. the following day creates a noise disturbance on a public right of way or public space.
(k) Domestic Power Tools. Operating or permitting 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 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; and on public park, recreational facilities, including golf courses, and school property, between the hours 9:00 p.m. and 7:00 a.m. the following day, except that for school property, the hours will be between 9:00 p.m. and 8:00 a.m. the following day for the months of June, July and August (summer break).
(1) Operating or permitting 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 9:00 p.m. and 8:00 a.m. the following day.
(2) 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.
(Ord. 2021-58. Passed 10-5-21.)