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§ 98.02 NOISE DISTURBANCES GENERALLY.
   In addition to the specific prohibitions as outlined in § 98.03 no person shall make, continue or cause to be made, continued or permitted any noise disturbance on or across a public right-of-way or a public place. This section shall not apply to noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way.
(Ord. 99-17, passed 5-5-99)
§ 98.03 SPECIFIC ACTS.
   The following acts and the causing or permitting thereof, are declared to be in violation of this chapter.
   (A)   Maintaining any refrigeration machinery or air conditioning, consisting of air compressors or rotating or reciprocating machinery, in such a manner as to create a noise disturbance across a dwelling unit boundary.
   (B)   Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 9:00 p.m. and 7:00 a.m., prevailing local time, such that the sound therefrom creates a noise disturbance across a dwelling unit boundary, except for emergency work of public service utilities or by special variance as provided for in § 98.04. This division (B) shall not apply to the use of domestic power tools subject of division (C) of this section.
   (C)   Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or other similar device used outdoors that creates a noise disturbance across a dwelling unit boundary other than powered snow removal equipment, between the hours of 9:00 p.m. and 7:00 a.m., prevailing local time, or on Saturday or Sunday before the hour of 9:00 a.m., prevailing local time.
   (D)   Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 9:00 p.m. and 7:00 a.m., prevailing local time, in such a manner as to cause a noise disturbance across a dwelling unit boundary.
   (E)   Collecting refuse or operating refuse collection vehicles between the hours of 9:00 p.m. and 5:30 a.m., prevailing local time, in such a manner as to create a noise disturbance across a dwelling unit boundary.
      (1)   Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public space for any commercial purpose.
      (2)   Using, operating or permitting for any noncommercial purpose any loudspeaker, public address system, mobile sound vehicle or similar device between the hours of 9:00 p.m. and 7: 00 a.m. prevailing local time.
      (3)   Operating, playing or permitting the operation of playing of any radio, television, phonograph, drum, musical instrument or similar device.
         (a)   In such a manner as to create a noise disturbance across a dwelling unit boundary; or
         (b)   In such a manner as to create a continuing noise disturbance at 50 feet from such device, when operated in or on a motor vehicle on a public right-or-way of public space.
      (4)   Repairing, rebuilding, modifying, testing or operating any motor vehicle, motorcycle, motor bicycle or motorboat in such a manner as to cause a noise disturbance across a dwelling unit boundary.
      (5)   It shall be unlawful for any person to keep or harbor within the city any dog that incessantly barks or continuously yelps to the point of causing a nuisance across a dwelling unit boundary.
      (6)   No person operating, occupying or in control of a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system upon or from within the vehicle so that the sound is plainly audible at a distance of 100 or more feet from the vehicle. SOUND AMPLIFICATION SYSTEM means any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of the human voice, music or any other sound. PLAINLY AUDIBLE means any human voice, music or any other sound produced by a sound amplification system upon or from within the vehicle which clearly can be heard at a distance of 100 feet or more. Measurement standards shall be by human auditory senses based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. These requirements apply to any vehicle whether stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
(Ord. 99-17, passed 5-5-99; Am. Ord. 23-40, passed 12-21-23)
§ 98.04 VARIANCES.
   (A)   The mayor or her designated representative shall have the authority, consistent with this section, to grant special variances to those persons who can demonstrate that bringing a source of sound or activity into compliance with §§ 98.02 and 98.03 would constitute an unwarranted health hazard or an unreasonable economic hardship upon the applicant.
   (B)   Any person seeking a special variance pursuant to this section shall file a written application with the mayor or her designated representative. The application will be provided by the mayor or her designated representative. The application shall contain reasons why an unwarranted health hazard or an unreasonable economic hardship would result if the applicant was required to comply with §§ 98.02 and 98.03. The mayor or her designated representative additionally may require that the applicant give notice of the application for special variance to persons who frequent the area of the sound or activity and may be adversely affected by the granting of the variance. Any individual who claims to be adversely affected by allowance of the special variance may file a statement with the mayor or her designated representative containing any information to support their claim.
   (C)   In determining whether to grant or deny the application, the mayor or her designated representative shall balance the hardship to the applicant, the community and other persons of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impact of granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the mayor or her representative may reasonably require. In granting or denying an application, the mayor or her representative shall place on public file a copy of the decision and the reasons for denying or granting the special variance.
   (D)   Special variances shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variances shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special variance was granted.
   (E)   Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like application for initial special variances.
   (F)   The mayor or her designated representative may issue guidelines defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance.
(Ord. 99-17, passed 5-5-99)
§ 98.05 ORDER OF ABATEMENT OF NOISE DISTURBANCE.
   In lieu of issuing a citation as provided for in § 98.06, any city government law enforcement officer may issue an order requiring the immediate abatement of any source of sound alleged to be in violation of this chapter.
(Ord. 99-17, passed 5-5-99)
§ 98.06 CITATION FOR OFFENSES.
   Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 98.05, violation of any provision of this chapter shall be cause for a citation to be issued by a city government law enforcement officer.
(Ord. 99-17, passed 5-5-99)
§ 98.07 EFFECT ON EXISTING LAW.
   No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of these sections or from other law.
(Ord. 99-17, passed 5-5-99)
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