The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:
A. Radio, Television Set, Etc.: Operating, playing, or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument or similar device which produces or reproduces sound:
2. In such a manner as to exceed the levels set forth for public space in table 1 of this chapter, measured at a distance of at least fifty feet (50') from such device operating on a public right of way or public space.
B. Loudspeaker Or Stereo Systems: Using or operating for any purpose any loudspeaker, loudspeaker system, stereo system or similar device between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., such that the sound therefrom creates a noise disturbance across a residential property line, or at any time violates the provisions of section 8.06.030 or 8.06.070 of this chapter, except for noncommercial public speaking, public assembly or activity for which an exemption has been provided for in either this section or section 8.06.120 of this chapter.
C. Street Sales: Offering for sale, selling anything, or advertising by shouting or outcry within the city except by permit issued by the city. This subsection shall not be construed to prohibit the selling by outcry of merchandise, food or beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.
D. Animals And Birds: Owning, possessing or harboring any animal or bird which frequently, or for long duration, howls, barks, meows, squawks or makes other sound which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone.
E. Loading And Unloading: Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, refuse containers or similar objects between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate section 8.06.030 of this chapter.
F. Construction And/Or Demolition: Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between weekday hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M., including Saturdays, or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work by public service utilities, the city or another governmental entity. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with exhaust and air intake silencers in proper working order, or suitable to meet the standards set forth herein.
G. Vibration: Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty feet (150') from the source if on a public space or public right of way.
H. Powered Model Vehicles: Operating or permitting the operation of powered model vehicles:
1. Between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. so as to create a noise disturbance across a residential or commercial real property line or at any time in violation of section 8.06.030 of this chapter.
2. In such a manner as to exceed the levels set forth for public space land use in table 1 of this chapter measured at a distance not less than one hundred feet (100') from any point on the path of a vehicle operating on public space or public right of way.
I. Stationary, Nonemergency Signaling Devices:
1. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place for more than ten (10) seconds in any hourly period.
2. Places of worship and public and private schools shall be exempt from the operation of this subsection.
J. Emergency Signaling Devices:
1. Alarms, Sirens, Whistles: The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing as provided in subsection J2 of this section.
2. Testing:
a. Testing of a stationary emergency signaling device shall not occur before seven o'clock (7:00) A.M. or after seven o'clock (7:00) P.M. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds.
b. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven o'clock (7:00) A.M. or after ten o'clock (10:00) P.M. The time limit specified in subsection J2a of this section shall not apply to such complete system testing.
3. Burglar, Fire, Motor Vehicle Alarms: Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within five (5) minutes of activation.
K. Noise Sensitive Zones: Creating or causing the creation of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in table 1 of this chapter and subsection 8.06.070B of this chapter, or so as to interfere with the functions of such activity or annoy the occupants in the activity, provided that conspicuous signs are displayed indicating the presence of the zone.
L. Domestic Power Tools And Machinery:
1. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M., so as to create a noise disturbance across a residential or commercial real property line.
2. Motor, machinery and pumps, such as swimming pool equipment, shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with table 1, section 8.06.070 of this chapter.
M. Places Of Public Entertainment: Operating or permitting the operation or playing of any loudspeaker, musical instrument or other source of sound in any place of public entertainment that exceeds ninety five (95) dBA as read on the slow response of a sound level meter at any point normally occupied by a customer, without a conspicuous and legible sign with minimum one inch (1") letter height stating:
WARNING! SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT.
(Ord. 2579 § 1, 2004)