509.09  DISTURBING THE PEACE.
   (a)   No person shall disturb the good order and quiet of the Municipality by clamors or noises in the night season, by intoxication, drunkenness, fighting, quarreling, wrangling, committing assault, assault and battery, using obscene or profane language in the streets and other public places to the annoyance of the citizens, or otherwise violating the public peace by indecent and disorderly conduct, or by lewd and lascivious behavior, or by threatening or inflicting violence or abuse to the person or property of others, or by making any loud, disturbing and unnecessary noise.  (Ord. 1968-58.  Passed 6-27-68.)
   (b)   The following acts, among others, are hereby declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive, namely:
      (1)   Horns, signaling devices, etc.  The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time.  The use of any horn, whistle or other device operated by engine exhaust, and the use of any such signaling device when traffic is for any reason held up.  (Ord. 1955-109.  Passed 9-12-55.)
      (2)   Radios, phonographs, etc.  The use or operation, or permitting the placement, use or operation of any radio receiving set, musical instrument, phonograph, stereo, CD player, cassette tape player or other machine or device for the production or reproduction of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereof.  The operation of any such set, instrument, phonograph, stereo, CD player, cassette tape player, machine or device in such a manner as to be plainly audible at a distance of fifty feet from the building or structure, or six feet beyond a vehicle in which it is located shall be prima-facie evidence of a violation of this section.  This section shall be waived for those persons who have obtained a permit through the Police Department for organized functions during hours listed on the permit.  Public safety and service vehicles are exempt.
   A violation of paragraph (b)(2) of this section is a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.  (Ord. 93-113.  Passed 11-8-90.)
      (3)   Loud-speakers, amplifiers for advertising.  The use or operation, or permitting the placement, use or operation of any radio receiving set, musical instrument, phonograph, loud-speaker, sound amplifier or other machine or device for the production or reproduction of 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.
      (4)   Yelling, shouting, etc.  Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
      (5)   Animals, birds, etc.  The keeping of any animal or bird which by causing frequent or long continued noise disturbs the comfort or repose of any persons in the vicinity.
      (6)   Steam whistles.  The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper City authorities.
      (7)   Exhausts.  The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
      (8)   Defect in vehicle or load.  the use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
      (9)   Loading, unloading, opening boxes.  The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates or containers.
      (10)   Construction or repair of buildings.  The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on week days, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Officer, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues.  If the Building Officer determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m., and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done between the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
      (11)   Schools, courts, churches, hospitals.  The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
      (12)   Hawkers, peddlers.  The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
      (13)   Drums.  The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show or sale by the creation of noise.
      (14)   Transportation of metal rails, pillars and columns.  The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
      (15)   Piledriver, hammers, etc.  The operation between the hours of 10:00 p.m. and 7:00 a.m. of any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
      (16)   Blowers.  The operation of any blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
         (Ord. 1955-109.  Passed 9-12-55.)
      (17)   Minibikes, motorcycles, go-carts.  The operation of any minibike, motorcycle or go-cart on a vacant lot or undeveloped area of the City within 100 feet of a dwelling, or at any time or place so as to annoy or disturb the quiet, comfort or repose of any person in an office or residence except in areas designated for use of such vehicles.
         (Ord. 1973-74.  Passed 10-9-73.)
   (c)   Whoever violates any provision of this section for which no other penalty is provided is guilty of a minor misdemeanor.