The term NOISE DISTURBANCE means any of the following sounds:
(A) Alarm testing. The sound emitted by the intentional sounding outdoors of any privately-owned fire alarm, burglar alarm, siren, whistle, or similar stationary emergency signaling device for the essential testing of such device, when conducted between the hours of 5:00 p.m. and 8:00 a.m.
(B) Motor vehicle radios. The sound emitted by a motor vehicle radio, tape deck, or compact disk player, or other such standard equipment used and intended for the use and enjoyment of such vehicle’s occupants while such vehicle is on the public right-of-way if the sound emitted therefrom is audible from a distance of 50 feet or greater from the motor vehicle.
(C) Chain saws. The sound emitted by motor-powered chain saws, tree trimming equipment, and weed cutters operated between the hours of 9:00 p.m. and 7:00 a.m. Monday through Sunday, and holidays.
(D) Construction noise. The sound made by privately-owned and operated tools or equipment in erection, demolition, excavation, drilling, or other such construction work between the hours of 9:00 p.m. and 7:00 a.m. Monday through Sunday, and holidays.
(E) Engine brakes and compression brakes. The sound made by an engine brake device, compression brake, or a mechanical exhaust device designed to aid in the braking or deceleration of any vehicle at all times.
(F) Engine repairs and testing. The sound made by the repairing, rebuilding, modifying, or testing a motor vehicle or recreational vehicle between the hours of 9:00 p.m. and 7:00 a.m. Monday through Sunday, and holidays.
(G) Lawn and garden equipment. The sound emitted by motor-powered lawn and garden equipment operated between the hours of 9:00 p.m. and 7:00 a.m. Monday through Sunday, and holidays.
(H) Loading and unloading. The sound made by outdoor loading, unloading, opening, closing, or handling of boxes, crates, containers, building materials, trash cans, containers, receptacles, and/or dumpsters between the hours of 9:00 p.m. and 7:00 a.m. Monday through Sunday, and holidays.
(I) Musical instruments. The sound made by a drum, horn, reed, and/or string instrument, or other musical instrument or device used to make sounds typical to what one would expect from a musical instrument, between the hours of 9:00 p.m. and 7:00 a.m. Monday through Sundays, and holidays.
(J) Noisy exhaust system. The sound made by a motor vehicle or a recreational vehicle whose exhaust system is defective or has been modified by the installation of a muffler cutout or bypass.
(K) Off-road motorcycle and recreational vehicle noise. The sound made on private or city-owned property other than a public right-of-way by an off-road motorcycle or recreational vehicle between the hours of 9:00 p.m. and 7:00 a.m. Monday through Sunday, and holidays; provided, however, the sound made by an offroad motorcycle when traveling from private property to a public right-of-way, or vice versa, in pursuance of normal ingress or egress for purposeful transportation is not a noise disturbance, unless made so by some other provision of this section.
(L) Powered model vehicles. The sound made by the operation of a powered model vehicle between the hours of 9:00 p.m. and 7:00 a.m. Monday through Sunday, and holidays.
(M) Racing. The sound made by a motor vehicle or recreational vehicle on private property or public right-of-way during any operations, including, but not limited to, recreational use, practice for a racing event or time trial, or racing event or time trial, whether organized or unorganized, at all times.
(N) Screeching/squealing tires. The sound made by the reckless or intentional screeching or squealing of the tires of a motor vehicle, motorcycle, or recreational vehicle at all times.
(O) Selling by “hawking” or “barking.” The sound of selling by shout or outcry when made within the area of the city zoned residential or commercial.
(P) Sound equipment. The sound made by sound equipment operated upon the public right-of-way or in any building, or upon any public or private premises, if plainly audible for more than 50 feet from the real property boundary, at all times unless the operator(s) has an outdoor services permit. Any commercial business that regularly uses, operates, or causes to be used or operated, sound equipment must close their doors to abate the sound at any time, unless such business has an outdoor services permit or meets the limitations specified in this subchapter at all times.
(Q) Loud and excessive noise. The sound made from or resulting from the repair or rebuilding of any motor vehicle within any residential area is permitted between the hours of 9:00 a.m. and 9:00 p.m. daily.
(R) Loud, unnecessary, or unusual noise. Notwithstanding any other provision of this subchapter or code, and in addition, hereto, it shall be unlawful for any person to make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood, or which cause discomfort or annoyance to any reasonable person of normal sensitivities.
(S) Outdoor music or amplified noise. The making or continuing to make any outdoor music or amplified noise between the hours of 9:00 a.m. and 9:00 p.m. Sunday through Thursday, and 9:00 a.m. and 11:00 p.m. on Friday and Saturday, when the person making or causing to make such music or noise knows or reasonably should know the music or noise would disturb the peace of a reasonable person.
(Ord. 2022-04, passed - -2022) Penalty, see § 10.99