§ 91.035  UNREASONABLE NOISE PROHIBITED; EXCEPTIONS.
   (A)   Prohibitions.  Each of the following acts creating noise is declared unlawful and prohibited, but this enumeration shall not be deemed to be exclusive, namely:
      (1)   Animal and bird noises. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person;
      (2)   Construction noises.  The erection, including excavating therefor, demolition, alteration, or repair of any building, and the excavation of streets and highways on Sundays and other days, except between the hours of 7:00 a.m. and 6:00 p.m., unless a permit therefor is first obtained from the City Council or its appointed representative;
      (3)   Devices to attract attention.  Use of any drum, loudspeaker, amplifier, or other instrument or device for the purpose of attracting attention for any purpose;
      (4)   Engine exhausts.  The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which effectively prevents loud or explosive noises therefrom;
      (5)   Handling merchandise.  The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers;
      (6)   Hawking.  The hawking of goods, merchandise, or newspapers in a loud and boisterous manner;
      (7)   Horns and signal devices.  The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or to give warning of intent to get under motion, 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; and the sounding of such device for an unnecessary and unreasonable period of time;
      (8)   Radio and musical instruments. The playing of any radio, phonograph, or any musical instrument in such a manner or with such volume, particularly during the hours between 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;
      (9)   Shouting and whistling.  Yelling, shouting, hooting, whistling, or singing or the making of any other loud noise on the public street, between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time so as to annoy or disturb the quiet, comfort, or repose of persons in any school, place of worship, or office, or in any dwelling, hotel, or other type of residence, or of any person in the vicinity; and
      (10)   Whistle or siren.  The blowing of any whistle or siren, except to give notice of the time to begin or stop work or as a warning of fire or danger.
   (B)   Exceptions.  None of the terms of prohibitions of division (A) above shall apply to or be enforced against:
      (1)   Emergency vehicles.  Any police or fire vehicle or any ambulance, while engaged upon emergency business;
      (2)   Highway maintenance and construction.  Excavations or repairs of bridges, streets, or highways by or on behalf of the city or the state during the night when the public safety, welfare, and convenience renders it impossible to perform such work during the day; and
      (3)   Public addresses.  The reasonable use of stationary amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.
(1990 Code, § 72.001)  (Ord. 24, passed 4-2-1973)  Penalty, see § 91.999