Notwithstanding any other provisions of this subchapter, the following acts and the causing or permitting thereof, are declared to be in violation of this subchapter and could be subject to penalty as mentioned in § 92.99:
(A) Unnecessary noises. The unnecessary making of, or knowingly and unnecessarily permitting to be made, any loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park or other place or building, except that the ordinary and usual sounds, noises, commotion or vibration incidental to the operation of those places when conducted in accordance with the usual and normal standard of practice applicable thereto and in a manner which will not disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators or customers of adjacent places of business.
(B) (1) Radios, phonographs, and the like. The using, operating or permitting to be played, used or operated of any radio, musical instrument, phonograph, television set, or instrument or device similar to those heretofore specifically mentioned for the production or reproduction of sound in volume sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sensitivity who are in the immediate vicinity of such machine or device.
(2) Portable radios in public conveyances. The audible using, operating or playing, or permitting to be used, operated or played, of any radio, musical instrument or electronic recording device of any kind or character whatever in any public conveyance. It shall not be unlawful to listen to any such device by means of earplugs inserted in the hearer’s ears and inaudible to any other person.
(C) Engines, motors and mechanical devices near residential district. Except as provided in division (F) below regarding construction-related noise, the sustained operation or use between the hours of 10:00 p.m. and 7:00 a.m. of any electric or gasoline powered motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at a distance of fifty (50) feet from such structure, or within ten (10) feet of any residence.
(D) Motor vehicles. Racing the engine of any motor vehicle or needlessly bringing to a sudden start or stop of any motor vehicle.
(E) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause noise disturbance.
(F) Commercial construction, demolitions and excavation. The erection, including excavating, demolition, alteration or repair of any building, land clearing, land grading, drilling or road and utility construction other than between 7:00 a.m. and 7:00 p.m., Monday through Saturday and in case of an urgent necessity in the interest of public safety on Sunday.
(G) Non-emergency signaling devices.
(1) Sounding or permitting the sounding of any electronically-amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place, for more than ten (10) consecutive seconds in any hourly period.
(2) Sound sources included within this provision which are not exempted under § 92.55 may be exempted by a variance issued by the City Manager.
(H) Emergency signaling devices.
(1) The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren whistle or similar emergency signaling device, for testing, except as provided in division (H)(2) below.
(2) Testing of an emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month.
(3) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within fifteen (15) minutes of activation.
(I) Animals and birds. Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration makes sounds that create a noise disturbance across a residential real property line. (For the purpose of this division, a
NOISE DISTURBANCE FROM A BARKING DOG shall be defined as that created by a dog barking continually for ten (10) minutes or intermittently for thirty (30) minutes unless provoked.) This division (I) shall be enforced by the Animal Control or Police Officer during regular business hours.
(J) Commercial establishments adjacent to residential property. Sustained noise from the premises of any commercial establishment, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m. shall not be plainly unreasonably audible creating a disturbance at any residential dwelling.
(K) It shall be unlawful for any person, in or upon any public street, alley, or public place within the city to make any loud or unusual noise, or to speak in a loud or unusual tone, or to cry out or proclaim, for the purpose of influencing or attempting to induce or influence, any person to refrain from purchasing or using any goods, wares, merchandise or other articles, or for the purpose of inducing or influencing or attempting to induce or influence, any person to refrain from doing or performing any service or labor in any works, factory, place of business or employment or for the purpose of intimidating, threatening or coercing any person who is performing, seeking or obtaining service or labor or employment in any works, factory, place of business or employment.
(L) Noises near schools, hospitals, churches, and the like. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the workings or session thereof; provided, that signs must be displayed in such streets indicting that the same is a school, institution of learning, church, court or hospital.
(M) The following acts and the causing thereof are declared to be loud, disturbing and unnecessary noises in violation of this subchapter, but the enumeration herein shall no be deemed to be exclusive:
(1) Horns and signaling devices. The sounding of any horn or other signaling device on any automobile, motorcycle, bus or other vehicle while stationary, except as a danger signal when an approaching vehicle is apparently out of control, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound or the sounding of any such device for an unnecessary period of time.
(2) Noisy vehicles. No person shall:
(a) Use an automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner as to create loud, unnecessary, grating, grinding, rattling or other noise.
(b) Operate any vehicle in such a manner as to cause unnecessary noise by spinning or squealing the tires or revving the motor of such vehicle.
(c) Modify or cause to be modified the muffler, exhaust system or other noise-control device of any vehicle in a manner that will increase the noise emitted by such vehicle above that emitted by the vehicle when newly manufactured, regardless of the date of manufacture. The noise-control devices of any vehicle operated in the city shall be maintained and in good working order. No person shall operate or permit to be operated a vehicle where the muffler, exhaust system or other noise-control device has been so modified or has not been maintained. A law enforcement officer shall use his or her judgment to determine if someone is out of tolerance.
(N) The operation of restaurants, taverns, bars and nightclubs.
(1) No restaurant, tavern, bar, nightclub, dance club or other similar use, whether public or private, shall be conducted so that unreasonable or unnecessary music or other noise is caused by and/or emanates from that use.
(2) Any owner, operator or proprietor of such a business use or the owner, licensee or person in control of any private premises shall so limit the level of noise emanating from the premises.
(3) Further, it shall be the duty of any such person to disperse any assembly of persons loitering, drinking alcoholic beverages or otherwise engaging in lewd or disorderly conduct adjacent to or near the premises or to immediately notify the police of such conduct.
(O) Private residences. No noise from parties, entertainment, music or social gatherings of any kind, whether public or private, shall be such that noise caused by and/or emanating from that use can be heard between the hours of 11:00 p.m. and 7:00 a.m. the following day inside any residence, regardless of whether the windows of such residence are open, or at any other time if the noise is unnecessary or unreasonable under the circumstances.
(P) Hawkers and peddlers. The loud shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.
(Q) Vendor’s vehicle. Using, operating or playing, or permitting to be used, operated or played, any bell, radio, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for producing or reproducing sound in or upon any vehicle used for the transportation and sale of any goods, wares or merchandise in or upon any of the streets or highways within the city, which sound-producing instruments are set to produce any noise, music or sound in excess of one hundred fifteen (115) decibels, measured at six (6) inches from the sound-producing amplifier of the speaker; the use and operation of any vehicle so equipped with such sound- producing equipment in operation, between the hours of 10:00 p.m. and 10:00 a.m. of the succeeding day; or the use or operation of any such sound-producing equipment in or upon any such vehicle while the vehicle is moving along or upon any street or highway; it being the intent and purpose of this division (Q) to permit the use of such sound-producing equipment in or upon any such vehicle only when the vehicle is parked or standing still in or upon any street or highway and during the hours provided in this division (Q).
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 04-0- , passed - - ; Am. Ord. 0-2011-017, passed 5-23- 11; Am. Ord. 0-2015-021, passed 12-28-15) Penalty, see § 92.99