A. Public Nuisance Noise Prohibited:
1. It shall be unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of others, or precludes the quiet enjoyment of their property or affects their property's value, or affects the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. This general prohibition is not limited by the specific restrictions of subsection B of this section.
2. Standards to be considered in determining a violation of this subsection A include, but are not limited to, the following:
a. The volume of the noise.
b. The intensity of the noise.
c. Whether the nature of the noise is usual or unusual.
d. The volume and intensity of the background noise, if any.
e. The proximity of the noise to residential sleeping.
f. The nature and zoning of the area within which the noise emanates.
g. The density of the inhabitation of the area within which the noise emanates.
h. The time of day or night the noise occurs.
i. The duration of the noise.
j. Whether the noise is recurrent, intermittent, or constant.
k. Whether the noise is produced by a commercial or noncommercial activity. (Prior Code § 5-8-8)
B. Nuisance Noises Enumerated:
1. The following listed acts are declared to be nuisance noises in violation of this Code, but this listing shall not be deemed to be exclusive.
a. Horns, Signaling Devices, Etc.:
(1) The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street, public place, or private property within the City except as a present danger warning. (Prior Code § 5-8-9)
(2) The creation by means of any noise from such horn or signaling device for any unreasonable period of time. (Prior Code § 5-8-9; amd. 2018 Code)
(3) The sounding of any such device for any unnecessary and unreasonable period of time.
(4) The use of any signaling device except one operated by hand or electricity.
(5) The use of any horn, whistle, or other device operated by engine exhaust.
(6) The use of any such signaling device when traffic is held up for any reason. (Prior Code § 5-8-9)
b. Radios, Television Sets, Amplifiers And Similar Devices: Using, operating or permitting to be played any radio, musical instrument, phonograph, jukebox, amplifier or other machine or device for the producing, reproducing or amplifying of sound in such a manner as to disturb the peace, quiet or comfort of persons residing, working or peaceably gathered in its vicinity. Prima facie evidence of a violation of this subsection B1b shall include (but not be limited to) operation of the device if done in such a manner as to be plainly audible:
(1) Within any other building or structure used for residential purposes; or
(2) At the distance of fifty feet (50') from the property, building, structure or vehicle in which the device is located; or
(3) Between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. unless otherwise allowed by this Code. (Prior Code § 5-8-8)
c. Loudspeakers, Amplifiers For Advertising: Using, operating, or permitting to be used or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure by persons other than personnel of law enforcement or other governmental agencies.
d. Sound Trucks For Advertising Purposes: The use of sound trucks or any other vehicle equipped with sound amplifying devices for the purposes of advertising any program, project, or meeting of any public agency, private business, religious organization, civic group, political party, or charitable organization.
e. Yelling, Shouting: Yelling, shouting, hooting, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, motel, or other place of residence, or of any persons in the vicinity.
f. Hawkers, Peddlers: The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
g. Animals: 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.
h. Whistles And Sirens: The blowing of a locomotive whistle or steam whistle attached to any stationary boiler or any siren whatsoever except to give notice of the time to begin to stop work, as a warning of fire or danger, or by public emergency vehicles.
i. Exhausts: The discharge into the open air of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle or snowmobile except through a muffler or other device which effectively prevents loud or explosive noises therefrom and which complies with all applicable State laws and regulations.
j. Defect In Vehicle Or Load: The use of any automobile, motorcycle, or other motor vehicle so out of repair, so loaded, or operated in such manner as to create loud and unnecessary grating, rattling, or other noise which shall disturb the comfort or repose of any persons in the vicinity.
k. Loading, Unloading, Opening Boxes: The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.
l. Building Construction: The erection (including excavation), demolition, alteration, or repair of any building between the hours and on any day prohibited by section 9-1-3 of this Code.
m. Pile Drivers, Hammers: The operation between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of any pile driver, power shovel, pneumatic hammer, jack hammer, derrick, power or electric hoist, or other appliance, the use of which is attended by loud or unusual noise.
n. Blowers: The operation of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operation gases or fluids, unless the noise from such blower or fan is muffled, and such engine is equipped with a muffler device sufficient to deaden such noise.
o. Internal Combustion Engines: No person shall create any excessive noise by permitting diesel engines to idle, or by building, repairing or testing motor vehicles or other internal combustion engines, which causes a disturbance beyond the property line of the property on which the activity takes place. (Prior Code § 5-8-9)
p. Schools, Courts, Churches, Hospitals: The creation of any excessive noise on any street or private property adjacent to any school, institution of learning, place of worship, court, or hospital while the same is in use which unreasonably interferes with the use thereof, provided conspicuous signs are displayed on such indicating that the same is a school, hospital, or court or place of worship. (Prior Code § 5-8-9; amd. 2018 Code)
q. Noise In Residential Areas: No person shall, between hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., congregate because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of persons residing in any residential area. Noise between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of such volume as to be plainly audible at a distance of fifty feet (50') from the residential dwelling unit wherein such party or gathering is located shall be prima facie evidence of a violation of this subsection. No persons shall visit or remain within any residential unit wherein such party or gathering is taking place except the owner, persons residing in that unit, or persons who have gone there for the sole purpose of abating the disturbance.
2. Standards established in Minnesota Rules 7010.0010 to 7010.1600, noise pollution control, are hereby adopted by reference and exceeding these standards is considered prima facie evidence of noise constituting a nuisance. (Prior Code § 5-8-9)
C. Responsibility For Noises: The owner and tenant of any premises on which a violation of subsections A and B of this section occurs shall make every reasonable effort to see that the violation ceases. Violation of said subsections shall be deemed the act of both the person committing the act and the person in possession, control, custody, or having charge of the premises who allows or permits the violation to take place. Violation of subsections A and B of this section shall also be deemed the act of a nonresident landlord, provided he has received written notice from the City of the violation and has failed to make every reasonable effort to see that the violation ceases. (Prior Code § 5-8-10)