(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
UNREASONABLE NOISE. Only the following listed noise sources can be considered UNREASONABLE NOISE.
(a) The unnecessary sounding of any horn or other signal device on any automobile, truck, bus, or motorcycle;
(b) The exhaust discharge of any internal combustion engine, except through a muffler in good working order designed and constructed as to prevent noise which would otherwise violate this section;
(c) The use of engine retarder (“Jake Brakes”) inside the city limits;
(d) The sound of any radio, television, electronic device, phonograph, or any musical instrument;
(e) The use of any automobile, truck, bus, or motorcycle so out of repair, or so loaded, or in the manner as to create loud and unnecessary grating, grinding, rattling, or other noise;
(f) Burglar alarms and other alarms which provide a false or unnecessary signal more than once a month;
(g) The use of any loudspeaker, drum, whistle, bell, or other instrument or device for the purpose of attracting attention, by the creation of sound, to any event, performance, parade, show, sale, display of merchandise or political candidate, party, or platform without first obtaining a written permit from the City Manager; or
(h) Duration longer than 15 minutes of howls, barks, squawks, human voices, or other sounds from people, pets, livestock, birds, or other animals.
(B) Noise-limited area and time. A noise-limited area and time is established in areas where residences, schools, hospitals, or churches exist 24 hours per day and in nonresidential areas between the hours of 9:00 p.m. to 8:00 a.m. Unreasonable noise shall be noise limited to those sources listed in division (A) above which are plainly audible at the property boundary of the source; or is plainly audible at 100 feet or more from the device when operated from a vehicle parked or traveling in a public right-of-way; or plainly audible through partitions common to occupants of separate dwelling units in the same building.
(C) Less stringent noise-limited area and time. A less stringent noise-limited area and time is established in nonresidential areas from 8:00 a.m. to 9:00 p.m. Unreasonable noise shall be noise limited to those sources listed in division (A) above which are plainly audible 100 feet or more from the property boundary of the source; or plainly audible at 300 feet or more from the device when operating from a vehicle traveling or parked in a public right-of-way; or plainly audible through partitions common to occupants of separate dwelling units in the same building.
(D) Violation. Whoever commits unreasonable noise is guilty of violating this section.
(1981 Code, § 16-35) (Ord. 579, passed 1-28-1969; Am. Ord. 874, passed 10-14-1997) Penalty, see § 130.999