(A)   No person shall disturb the good order and quiet of the city by clamors, noises, intoxication, drunkenness, fighting, quarreling, wrangling, committing assault and battery, or using obscene or profane language in the streets and other public places, to the annoyance to another, or otherwise violate the public peace by indecent and disorderly conduct, by lascivious behavior or by making, continuing to make, or causing to be made any unreasonable and unnecessary noise as such a character, intensity and duration as to disturb the peace and quiet of the community or be detrimental to life or health of any individual.
   (B)   The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section. But this enumeration shall not be deemed to be exclusive:
      (1)   Sound amplification systems. It shall be unlawful for any person to use, operate, or permit to be played any sound amplification system in such a manner as to disturb the quiet, comfort, or repose of any neighboring inhabitant or other person, or at any time with a volume which is plainly audible to any person other than those who are in the room, vehicle, or immediate vicinity in which the sound amplification system is being played or operated and who are voluntary listeners thereto.
      (2)   Exhaust. 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 muffler or other device which will effectively prevent loud, unusual, excessive or explosive noises to be emitted therefrom.
      (3)   Tires. The rapid acceleration, the turning, backing or other operation of any vehicle or the willful operation of any motor vehicle so as to cause an unusual or excessive noise from the contact of any tire upon the surface of any street, alley or other public place.
      (4)   Defect on vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
      (5)   Horns, signaling devices, and the like. Any unreasonable, unnecessary, loud sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except when used as a danger warning. Sounding of any such device for any unnecessary or unreasonable period of time. This provision includes any horn, whistle, or other device operated by engine exhaust.
      (6)   Loudspeakers, amplifiers for advertising, and the like. Playing, using, or operating any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for producing or reproducing sound 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 or permitting the same to be done, except by written permission of the City Manager.
      (7)   Yelling, shouting, and the like. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 12:00 midnight and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of any other person in any office, dwelling, hotel, or other type of residence, or any person in the vicinity.
      (8)   Steam whistles. Blowing any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, as a warning of fire or danger, or upon request of proper city authorities.
      (9)   Construction and/or demolition. Operation or permitting the operation of any tools or equipment used in construction, drilling, or demolition work between the hours of 10:00 p.m. and 7:00 a.m. of the following day, 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.
   (B)   For purposes of the section, the terms MOTOR VEHICLE, SOUND AMPLIFICATION SYSTEM and PLAINLY AUDIBLE shall have the same meaning as these same terms as set forth in § 132.30.
   (C)   The exceptions as set forth in § 132.30(B) shall apply to this section.
   (D)   Whoever violates this section is guilty of a minor misdemeanor. If an offender has been previously convicted of this section or persists in violation of this section after repeated warning, then this is a misdemeanor of the fourth degree.
(Ord. 11-99, passed 5-3-99) Penalty, see § 130.99