331.36 DISTURBING THE PEACE.
   (a)   No person shall make, continue or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise or any unreasonable noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the City.
   (b)   The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
      (1)   Vehicles.
         A.    Defects. To use any vehicle so out of repair or so loaded as to create loud and unnecessary noise.
         B.    Signal device. The sounding of any horn or signal device on any vehicle which creates any unreasonably loud or harsh sound, or the sounding of any such device for any unnecessary and unreasonable period of time, except as a danger signal.
         C.    Tires. The operation of any vehicle in any manner, such as by rapid acceleration, turning, backing or starting and stopping the vehicle, so as to cause any unusual or excessive noise from the contact of any tire of the vehicle upon the surface where the vehicle is being operated.
         D.    Motors and exhausts. The making of loud, explosive or excessive noises with any vehicle or any device connected therewith such as a muffler, the unnecessary racing of a motor vehicle while running idle or the opening of the muffler on any vehicle in any manner so as to create excessive noise to the annoyance of the public.
      (2)   Engines. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or other engine, except through a muffler or other device which will effectively prevent unnecessary, loud, or explosive noises therefrom.
   (c)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 8-2010. Passed 3-9-10.)