(a) No person shall commit any of the following acts or cause or permit the same to be committed:
(1) Animals and birds. Own, possess or harbor 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;
(2) Places of public entertainment. Operate, play or permit 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 95 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";
(3) Explosives and similar devices. Use or fire explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, without first obtaining a special variance therefor; (Ord. 19-91. Passed 12-17-19.)
(4) Vehicle or motorboat repairs and testing. Repair, rebuild, modify or test any motor vehicle, motorcycle or motorboat in such manner as to cause a noise disturbance across a residential real property boundary;
(5) 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;
(6) Motor vehicles.
A. Operate or permit 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 8:00 a.m. 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";
(7) Loading and unloading. Load, unload, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 9:00 p.m. and 8:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary;
(Ord. 1980-144. Passed 9-16-81.)
(8) Construction. Operate or permit the operation of heavy machinery and equipment used in land improvement, construction, clearing of trees, installation of utilities, roadways and sidewalks, drilling or demolition work, between the hours of 8:00 p.m. and 8:00 a.m. of the following day, after 5:00 p.m. on Saturday, at any time on Sunday or until 8:00 a.m. Monday, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities and except for the use of domestic power tools subject to paragraph (a)(12) hereof.
(Ord. 95-49. Passed 2-21-95.)
(9) 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 paragraph (a)(2) or (3) hereof;
B. Test a stationary emergency signaling device, except at the same time of day each time such a test is performed, but not before 8:00 a.m. nor after 9:00 p.m. or the closing time of a commercial establishment, whichever occurs later, and using only the minimum cycle test time, in no case to exceed sixty seconds;
C. Test the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, except after 8:00 a.m. or before 9:00 p.m., and in no case to exceed a test time of ten minutes;
D. 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
E. 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; (Ord. 1980-144. Passed 9-16-81.)
(10) Radios, audio systems or other sound amplifying devices or systems.
A. Play or operate any radio, music player, audio system, tape player, compact disc player or other sound-amplifying device or system in such an unreasonable manner or at such an unreasonable volume as to annoy or disturb the quiet, comfort or repose of neighboring inhabitants, or at a volume which is plainly audible to persons other than those who are in the single-family unit located within a multifamily dwelling from which the sound is emitting or who are beyond the residential real property boundary of the lot from which the sound is emitting.
B. Play or operate, or permit the playing or operation of, any radio, music player, audio system, tape player, compact disc player or other sound-amplifying device or system, which can be heard outside a motor vehicle from fifty or more feet away when the vehicle is being operated upon a public street, highway or any other public place.
(Ord. 96-151. Passed 12-3-96.)
(11) Loudspeakers; public address systems. Use, operate or permit the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right of way or public space for any purpose whatsoever;
(12) Domestic power tools. Operate or permit the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool 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 on weekdays and before 10:00 a.m. or after 6:00 p.m. on Sunday, so as to cause a noise disturbance across a residential real property boundary; or
(13) Powered model vehicles.
A. Operate or permit the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary in a public space between the hours of 9:00 p.m. and 8:00 a.m. the following day;
B. During the permitted period of operation, allow maximum sound levels in a public space to exceed seventy-five dBA measured at a distance of fifty feet from any point on the path of the vehicle; or
C. During the permitted period of operation, allow maximum sound levels in a residential area to 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, provided the violation is not committed willfully or knowingly, in which case it is a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. Punishment shall be as provided in Section 698.02.
(Ord. 1980-144. Passed 9-16-81.)