The following acts, and the causing or permitting thereof, are hereby prohibited:
(a) Animals and Birds. Owning, possessing or harboring any animal or bird which frequently, or for a continued duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary;
(Ord. 199-79. Passed 12-3-79.)
(b) Places of Public Entertainment.
(1) Operating, playing or permitting 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;”
(2) Operating, playing or permitting 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 50 dBB as read by the slow response on a sound level meter when measured at or within the property boundary of residentially zoned land, between the hours of 9:00 p.m. and 9:00 a.m. of the following day;
(Ord. 367-88. Passed 2-6-89.)
(c) Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary;
(d) Mufflers or Sound Dissipative Devices.
(1) Operating or causing 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;
(2) Removing or rendering inoperative, or causing 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;
(3) The discharge into the open air of 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;
(e) Motor Vehicles.
(1) Operating or permitting 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 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;
(2) Racing the motor of any vehicle unnecessarily or operating 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;”
(f) Loading and Unloading. Unless otherwise covered in Chapter 737 of the Codified Ordinances, any loading, unloading, opening, closing or other handling of 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. 304-03. Passed 2-16-04; Ord. 313-04. Passed 11-15-04.)
(g) Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 9:00 p.m. and 7:30 a.m. the following day on weekdays (9:00 a.m. the following day on weekdays if property is adjacent to residential property) or 8:00 p.m. and 10:00 a.m. on Sundays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by special variance, and except that this subsection shall not apply to the use of domestic power tools, subject to subsection (k) hereof;
(Ord. 428-02. Passed 2-16-04.)
(h) Emergency Signaling Devices.
(1) The intentional sounding or permitting 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, except as otherwise provided in this chapter;
(2) Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 9:00 p.m. or the closing time of a commercial establishment, whichever occurs later. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.
(3) Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur before 8:00 a.m. or after 9:00 p.m. In no case shall such test time exceed ten minutes.
(4) Sounding or permitting 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;
(5) The sounding of 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;
(i) Radios, Television Sets, Musical Instruments and Similar Devices. (EDITOR'S NOTE: Subsection (i) hereof was repealed by Ordinance 278-92, passed April 19, 1993. See Chapter 669 of this General Offenses Code.)
(j) Loudspeakers and Public Address Systems. (EDITOR'S NOTE: Subsection (j) hereof was repealed by Ordinance 278-92, passed April 19, 1993. See Chapter 669 of this General Offenses Code.)
(k) Domestic Power Tools; Powered Model Vehicles.
(1) Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower 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 Sundays so as to cause a noise disturbance across a residential real property boundary;
(2) Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space between the hours of 9:00 p.m. and 8:00 a.m. the following day. During the permitted period of operation, maximum sound levels in residential areas shall not exceed sixty dBA measured at a distance of fifty feet from any point on the path of the vehicle.
(Ord. 199-79. Passed 12-3-79.)
(l) Air Conditioners. Using or operating a window air conditioning unit in a residential structure where the unit is less than twenty feet from an adjacent house, and the use or operation thereof creates a noise disturbance;
(m) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor, unless the violation is made willfully and knowingly, in which case the offender is guilty of 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. 381-89. Passed 12-4-89.)