(A) No person shall make, assist in making or permit any loud, disturbing or unnecessary noise, which either annoys disturbs, injures or endangers the comfort, repose, health, safety and peace of others.
(B) Loud, disturbing and unnecessary noises in violation of this section include, but are not limited to, the following:
(1) The keeping of any bird or animal which, by causing frequent or long-continued noise, at any time of the day or night, shall disturb the comfort and repose of any person in the vicinity;
(2) The use of a vehicle or engine, either stationary or moving, so out of repair, loaded or operated as to create any loud or unnecessary grating, grinding, rattling or other offensive noise;
(3) The blowing of a steam whistle attached to a stationary boiler, except to give notice of the time to begin or stop work, as a warning of danger or on request of city officials;
(4) The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise created by it is effectively muffled;
(5) The erection, excavation, demolition, alteration or repair of a building, streets and the like, other than between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and 8:00 a.m. and 7:00 p.m., Saturday, Sunday and holidays, except in the case of an emergency, or in the interest of the public welfare, when a permit has been issued by the City Manager. If the City Manager determines that public health, safety and welfare will not be impaired by such activity, the permit shall be granted;
(6) Using a gong or siren on a vehicle other than a police, fire or other emergency vehicle;
(7) Creating excessive noise on a street adjacent to a school, institution of learning, church or court of justice while it is in use, or adjacent to a hospital or institution for the care of the sick or infirm, that unreasonably interferes with the operation of the institution or that disturbs or unduly annoys patients;
(8) The use or operation of an automatic or electric piano, phonograph, stereo system, radio, television, loudspeaker or any instrument for sound producing or any sound amplifying device so loudly as to disturb persons in the vicinity of it or in a manner that renders the use of it a nuisance. The operation of a machine audible to a peace officer at a distance of 50 feet from the building, room, structure or vehicle in which it is located shall be prima facie proof of a violation of this section. However, on application to the City Manager, a permit may be granted for the broadcast or amplification of programs of music, news, speeches or general entertainment as a part of a national, state or city event, public festivals or outstanding events of a non-commercial nature. The broadcast or amplification shall not be audible for a distance of more than 1,000 feet from the instrument, speaker or amplifier; and a permit shall not be granted if an obstruction to the free and uninterrupted traffic, both vehicular and pedestrian, will result;
(9) The making of plainly audible sound between the hours of 10:00 p.m. and 7:00 a.m. which is audible within a noise sensitive unit which is not the source of the sound;
(10) Making a noise by crying, calling or shouting, or by means of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device for the purpose of advertising goods, wares or merchandise or of attracting attention or inviting patronage of a person to a business; and
(11) Conducting, operating or maintaining a garage, or automobile repair, within 100 feet of a private residence, apartment, rooming house or hotel in a manner that causes loud or disturbing noise between the hours of 10:00 p.m. and 7:00 a.m.
(C) Violation of this section shall be enforced pursuant to § 92.99(B)(3) of this chapter.
(Prior Code, § 4.10.160) (Ord. 99, passed 5-18-1981; Ord. 273, passed 6-5-2000; Ord. 278, passed 9-18-2000; Ord. 316, passed 4-19-2004; Ord. 340, passed 9-6-2005; Ord. 384, passed 11-2-2009) Penalty, see § 92.99