(A) Subject to the provisions of this section, the creation of any unreasonably loud, disturbing, and unnecessary noise is prohibited. Noise of such character, intensity, and duration as to be detrimental to the life or health of any individual is prohibited. Excessive and unnecessary noise creates a significant threat to the public health, safety, and welfare. There has been an alarming increase in the frequency and volume of noise from the many sound-reproducing devices available today. It is the intent of this section to strike an appropriate balance between the right of individuals to obtain information and derive pleasure by listening to radios and other such devices and the right of the public to a peaceful and healthful environment.
(Prior Code, § 92.090)
(B) The following acts, among others, are declared to be loud, disturbing, dangerous to the public health, unreasonable, and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) 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 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;
(2) The use of any gong or siren upon any vehicle other than police, fire, or other emergency vehicle;
(3) The playing, use, or otherwise operating, either from a motor vehicle or as a pedestrian, any radio, tape player, or other sound-amplification device emitting sound that is audible from a distance of 50 or more feet from the source of the sound, unless such device is being used to request assistance or warn against an unsafe condition;
(4) The keeping of any animal or bird which, by causing frequent or long continued noise, disturbs the comfort and repose of any person in the vicinity;
(5) The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud or unnecessary grating, grinding, rattling, or other noise;
(6) The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger;
(7) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noise therefrom;
(8) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(9) The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while the same is in session or within 150 feet of any hospital which unreasonably interferes with the working of such institution;
(10) The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes except where specific license is received from the City Council; and
(11) The firing of gunpowder or other combustible substance in the streets or elsewhere for the purpose of making a noise or disturbance, except by permission from the Police Department.
(Prior Code, § 92.091)
(C) This section shall not apply to any of the following:
(1) Public safety personnel when responding to an emergency call or engaged in other official business;
(2) Persons engaged in a lawful assembly, procession, or community event;
(3) The operator of a public utility vehicle, when utilizing two-way communications equipment;
(4) The operator of a vehicle being used for advertising purposes in accordance with existing ordinances; and
(5) The activation of a theft alarm signal device.
(Prior Code, § 92.092)
(Ord. passed 8-10-1993; Ord. passed - -2021) Penalty, see § 92.99