The following acts which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances and shall constitute a violation of this chapter. No sound level measurement is needed to prove the existence of the following noise disturbances:
(A) Particularly between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday, 11:00 p.m. and 7:00 a.m. Friday, Saturday, and legal holidays, and on New Year’s Eve into New Year’s Day, between the hours of 12:30 a.m. through 7:00 a.m.:
(1) Yelling, shouting, hooting, whistling, singing or creating similar noises on the public streets in such a manner so as to cause a disturbance so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof; and
(2) The operating or permitting the use or operation of any radio receiving set, musical instrument, television, stereo, car or truck stereo, drum, compact disc or tape player, exterior loudspeaker, or other device for the production or reproduction of sound in a loud and raucous manner so as to disturb the peace, quiet or comfort of the neighborhood.
(B) Any public entertainment establishment or person associated with or working for said establishment which operates, plays or permits the operation or playing of any radio, television, stereo, drum, musical instrument, sound amplifier, or similar device, shall not operate, play, or permit the operation or playing of such devices in a manner which would result in noise across a real property boundary so as to disturb the peace, health, and comfort of a reasonable person of ordinary sensibilities, between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday; 11:00 p.m. and 7:00 a.m. Friday, Saturday, and legal holidays, and on New Year’s Eve into New Year’s Day, between the hours of 12:30 a.m. through 7:00 a.m.
(C) The sounding of any horn or signaling device, except as a danger warning, for any unnecessary or an excessive period of time or the unreasonable use of any horn or signaling device, in such a manner as to cause a noise disturbance so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof.
(D) The using, operating, or permitted to be used or operated, of any loud speaker or public address system in such a manner so as to emit therefrom loud or raucous noises so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof.
(E) The loading, unloading, compacting, opening or otherwise handling boxes, crates, containers, garbage cans, or otherwise similar objects in such a manner so as to cause a disturbance so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof.
(F) The operating or causing to be operated any equipment used in construction activity, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto with sound-control devices less effective than those provided on the original equipment.
(G) Creating, making, or maintaining any loud or raucous noise by the use of any drum, cymbals, loudspeaker, or other similar instruments in the city for the purpose of attracting attention to any performance. show, sale, or display of merchandise, or place of business. This provision does not apply to approved public events.
(H) Using, in connection with an unauthorized vehicle, any bell or siren similar to that used on ambulances or vehicles of the police, fire departments, and other public safety agencies.
(I) The operating or causing the operation of any motorboat in any lake, canal, or other waterway, in such a manner so as to disturb the peace, health, and comfort of a reasonable person of ordinary sensibilities.
(J) The operating of causing the operation of any powered model vehicle or boat in such a manner so as to disturb the peace, health, and comfort of a reasonable person of ordinary sensibilities.
(K) The creation or permitting of any loud or raucous noise so as to disturb the peace, quiet or comfort of the adjacent neighborhood.
(L) The following activities may not be operated or caused to be operated between the hours of 6:00 p.m. and 7:00 a.m., unless for a public works transportation or utilities project approved by the city in division (M) below:
(1) Any equipment used in construction activity, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto with sound-control devices less effective than those provided on the original equipment;
(2) Any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist;
(3) Any other machinery, appliance, etc., the use of which is attended by loud or raucous noise so as to disturb the peace, health, quiet or comfort of the neighborhood or vicinity thereof.
(M) Any person desiring to engage in the use of equipment for a public works transportation or utilities project beyond the hours of limitations aforementioned, based upon cases of necessity or in the interest of public health, safety and convenience, may apply to the city manager or his designee for a special permit allowing hours of operation other than those specified above. Such permits, if granted, shall be limited to a period of up to 30 days in duration, but may be renewed for additional periods of up to 30 days if the emergency or need therefore continues. In the issuance of such permits the city shall weigh all facts and circumstances and shall determine whether the reasons given for the necessity are valid and reasonable, whether the public health, safety and convenience will be protected or better served by granting the permit requested, and whether the manner and amount of loss or inconvenience to the person seeking the permit imposes a significant hardship upon such person. An application fee of $200 dollars must be paid at the time the application is filed with the city.
(Ord. 1486, passed 6-16-04)