[Amended 7-11-2022 by Ord. No. 64-2022]
The following acts, and the causing thereof, are declared to be noise disturbances and therefore in violation of this chapter. For noise disturbances in parks, preserves and other property owned by the City or its agencies, please refer to Chapter 396 Parks and Recreation, Parts 304, 305 and 312.
A. Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, automobile radio, automobile stereo or high fidelity equipment, disc or tape player, loudspeaker or other similar device, not in connection with the lawful operation of an emergency vehicle such as an ambulance, police or fire vehicle nor in connection with a lawfully permitted parade, public assembly, or other activity for which a permit is issued by the duly constituted legal authority, or similar device which produces, reproduces or amplifies sound:
(1) At any time in such a manner as to cause a noise disturbance across a property line (boundary), or between the hours of 10:00 p.m. and 7:00 a.m. so as to be plainly audible across a property line (boundary); or which is audible on a public street for a distance of 50 feet from the place or origin of such sound or noise.
(2) In such a manner as to create a noise disturbance across a property line (boundary) or at 50 feet from such device, whichever is less, when the device is operated in or on a motor vehicle, or hand carried, on a public right-of-way or public space.
(3) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by an passenger on a common carrier.
B. Yelling or shouting. Engaging in loud or raucous yelling, shouting, hooting, whistling or singing:
(1) On the public streets between the hours of 10:00 p.m. and 7:00 a.m.
(2) At any time or place in such a manner as to create a noise disturbance.
C. Construction tools or equipment. Operating or permitting the operation of any tools or equipment used in construction operations, drilling or demolition work:
(1) Between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or legal holidays, such that the sound therefore creates a noise disturbance across a residential real property line (boundary), except for emergency work.
(2) This Subsection C shall not apply to the use of domestic power tools as hereinafter provided in Subsection D hereof.
D. Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m. so as to cause a noise disturbance across a residential property line (boundary) except in an emergency.
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. the following day in such a manner as to cause a noise disturbance across a residential property line (boundary). This Subsection E shall not apply to municipal or utility services in or about the public right-of-way.
F. Animals and birds. Owning, possessing, harboring or controlling any animal or bird which howls, barks, meows, squawks, or makes other sounds continuously and/or incessantly for a period of 10 minutes or makes such noise intermittently for 1/2 hour or more to the disturbance of any person at any time of the day or night regardless of whether the animal or bird is situated in or upon private property; provided, however, that at the time the animal or bird is making such noise, no person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird.
G. Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential property line (boundary) between the hours of 10:00 p.m. and 7:00 a.m.
H. Street sales. Offering for sale or selling by shouting or outcry or by any other amplified or unamplified sound within any residential or commercial area of the City.
I. Tampering. The following acts or the causing thereof are prohibited:
(1) The removal or rendering inoperative by any person, other than for the purposes of maintenance, repair or replacement, of any muffler or sound dissipative device or element of design or noise label of any product.
(2) The use of a product which has had a muffler or sound dissipative device or element of design or noise labeled removed or rendered inoperative, with knowledge that such action has occurred.
J. Vehicle, motorboat or aircraft repairs and testing. Repairing, rebuilding, or testing any motor vehicle, motorcycle, or aircraft in such a manner as to cause a noise disturbance across a residential real property line (boundary).