(A) It shall be unlawful for any person to make, continue, permit or cause to be made or continued any loud, unnecessary or unusual noise or any noise within the city which would be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities. The following non-exclusive characteristics and conditions shall be considered in determining whether a noise is loud, disturbing or excessive for the purposes of this section:
(1) The time of day or night the noise occurs;
(2) The duration or recurrence of the noise;
(3) The proximity of the noise source to any location reasonably identifiable as a sleeping facility, residential dwelling unit, school, institution of learning, hospital, church, courthouse or office, such that it is reasonably likely to interfere with the peace, quiet, repose or operation of that property;
(4) The number of people and their activities that are affected or likely to be affected by the noise;
(5) The land use, nature and zoning of the area from which the noise emanates and the area where it is perceived; and/or
(6) The sound level, if known, in comparison to the level of ambient noise.
(B) The following acts constitute a presumptive public nuisance:
(1) Horns, signaling devices and the like. The continual sounding of any horn or signaling device on any automobile, motorcycle or other vehicle for a period of at least 15 seconds even if interrupted by short gaps in sound on any street, public place or private property within the city, except as a danger warning;
(2) Radios, phonographs and the like. The use, operation or permitting the playing, use or operation of any radio receiving set, phonograph, tape recorder, compact disc player or other machine or device for the amplification, production or reproduction of sound or any musical instrument at any time in such manner as to be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities who might be in its vicinity or between the hours of 10:00 p.m. and 7:00 a.m. at such a volume so as to be plainly audible at the real property boundary of the building, structure, residence or other area in which the device is located;
(3) Amplified sound from a motor vehicle. The use, operation or permitting the playing, use or operation of any radio receiving set, phonograph, tape recorder, compact disc player or other machine or device for the amplification, production or reproduction of sound or any musical instrument within a motor vehicle at a volume where it is audible by any person from a distance of 50 feet or a distance of five motor vehicle lengths or more from the source, whichever is the lesser. Where the motor vehicle’s owner is present that person is responsible for any violation of this division (B)(3). If the owner is not present, the driver or person in control of the vehicle is responsible for any violation of this division (B)(3). In addition to an owner or driver, any person who controls or assists with the amplification, production or reproduction of the sound in violation of this division (B)(3) is an additional responsible party;
(4) Loud speakers, amplifiers for advertising and the like. The use, operation or permitting the playing, use or operation of any radio receiving set, phonograph, tape recorder, compact disc player or other machine or device for the amplification, production or reproduction of sound or any musical instrument 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, except as may be licensed by the city pursuant to § 118.002;
(5) Yelling, shouting and the like. Yelling, shouting, hooting, whistling or loud singing on the public streets within 50 feet of a residential dwelling unit or sleeping facility between the hours of 10:00 p.m. and 7:00 a.m.;
(7) Exhaust.
(a) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a properly working muffler or other device that is in constant operation and effectively prevents loud or explosive engine noises, blends exhaust noise into the overall vehicle noise to prevent excessive or unusual noise, such as sharp popping or crackling sounds, or other sounds likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities in its vicinity; and
(b) Mufflers of the type commonly known as “Hollywood Mufflers” or a muffler cutout, bypass or similar device shall not be permitted on vehicles operated within the city.
(8) Defective vehicles, loads or noisy vehicle operation. The non-emergency use or operation of any automobile, motorcycle, scooter, recreational vehicle or other type of motor vehicle which by its out-of-repair condition, manner of loading or operation at such speeds or in such manner as to create loud and unnecessary grating, grinding, squealing of tires, rattling or other noise so as to be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities in its vicinity;
(9) Loading, unloading, unpacking and the like. The creation of a loud and excessive noise in connection with loading, unloading or unpacking of any vehicle so as to be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities in its vicinity; and
(10) Engine-braking. The use of a compression engine brake device in non-emergency situations to slow the speed of an internal combustion engine powered motor vehicle on city streets or highways without an exhaust muffler in good working order or other device that is effective in preventing loud engine roaring, staccato popping or growling resulting from the use of the compression engine brake.
(1992 Code, § 1082:20) (Ord. 1382, passed 9-6-2005) Penalty, see § 95.99