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(A) Unlawful noise. Each of the following acts is declared unlawful and prohibited, but this enumeration shall not be deemed to be exclusive.
(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, at any time on Sundays, and on other days except between the hours of 7:00 a.m. and 9:00 p.m., unless a permit has been first obtained from the City Manager.
(3) Sound amplifiers. Use of any loud speaker, amplifier or other instrument or device, whether stationary or mounted on a vehicle, for any purpose except by speakers in the course of a public address, and when so used shall be subject to the following restrictions:
(a) The only sounds permitted are music or human speech;
(b) Operations are permitted for 11 hours each day including Sundays and legal holidays. The permitted 11 hours of operation shall be between the hours of 12:00 noon and 11:00 p.m., local time;
(c) Sound amplifying equipment mounted on vehicles shall not be operated unless the sound truck upon which the equipment is mounted is operated at a speed of at least ten mph, except when the truck is stopped or impeded by traffic;
(d) Sound shall not be issued within 100 yards of hospitals, schools, churches or court houses;
(e) The volume of sound shall be controlled so that it is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility; and
(f) No sound amplifying equipment shall be operated with an excess of 25 watts of power in the last stage of amplification.
(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) Blowers. The discharge into the open air of air from any noise-creating blower or power fan unless the noise from the blower or fan is muffled sufficiently to deaden the noise.
(6) Hawking. The hawking of goods, merchandise or newspapers in a loud and boisterous manner so as to annoy or disturb the quiet, comfort or repose of any other person in the area.
(7) Horns and signal devices. The sounding of any horns or signal device on any automobile, motorcycle, bus or other vehicle, unless 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 the device for an unnecessary and unreasonable period of time.
(8) Radio and musical instruments. The playing of any radio, television set, phonograph, cassette player, compact disc player 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., local time, 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 streets 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 persons in the vicinity.
(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, or for duly authorized tests.
(B) Exceptions. None of the terms or prohibitions of division (A) shall apply to or be enforced against:
(1) Emergency vehicles. Any police or fire vehicle or any ambulance, while engaged upon emergency business; or
(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 the work during the day.
(Ord. passed 5-22-1995) Penalty, see § 94.99