The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of § 13-3-16 of this subchapter, but such enumeration shall not be deemed to be exclusive:
(A) Animals, birds, and miscellaneous pets. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the vicinity;
(B) Blowers. The operation of any noise creating blower or power fan, unless such blower or fan is muffled sufficiently to prevent loud noises therefrom;
(C) Construction and repairing of buildings. The erection (including excavation), demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit in writing from the Chief Building Inspector, which permit may be granted for a period not to exceed three days or less, while the emergency continues, and which permit may be renewed for periods of three days or less while the emergency continues. If the Chief Building Inspector determines that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m., and if he or she shall further determine that loss or inconvenience would otherwise result to any party in interest, he or she may grant permission for such work to be done between the hours of 7:00 a.m. and 7:00 p.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. If the City Council shall by resolution determine that unusual circumstances, including but not limited to the aftermath of a severe storm, exist throughout the city which circumstances necessitate a large volume of construction or repair work throughout a large portion of the city, the City Council may declare that, notwithstanding with provisions of this section, the erection, demolition, alteration, or repair of buildings may occur between the hours of 5:00 a.m. and 10:00 p.m., seven days a week, during the period of time stipulated by the City Council in the resolution;
(D) Defect in vehicles and load. The operation of any motor vehicle, motorcycle, or other vehicle so out of repair so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise;
(E) Exhausts. The discharge into the open air of the exhaust of any motor vehicle, motorcycle, tractor, steam engine, stationary internal combustion engine, or motorboat, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. The muffler of a motor vehicle or motorcycle shall be of a type that will muffle noise not less effectively than the standard muffler with which a vehicle of that type originally was equipped by the manufacturer of the vehicle, shall not be of a design that permits operation in a manner allowing greater noise, and shall be kept in good repair. Provided, this requirement shall not apply to authorized emergency vehicles, or to motor vehicles or motorcycles designed or modified for off-highway sanctioned racing purposes, while being towed on the streets;
(F) Horns, signaling and other devices. The sounding of any horn or signaling device on any motor vehicle, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device by which traffic is for any reason held up;
(G) Loading, unloading, and opening boxes. The creation of a loud and excessive noise connection with loading or unloading any vehicle, or the opening and destruction of bales, boxes, crates, and containers;
(H) Pile drivers, hammers, and equipment. The operation between the hours of 7:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by loud or unusual noise;
(I) Quiet zones. The creation of an excessive noise within any quiet zone established by the City Council which unreasonably interferes with the use of the premises, or disturbs or unduly annoys occupants or users of the premises for the benefit of whom the quiet zone has been established;
(J) Shouting and hallooing. Shouting or loud hallooing which unreasonably interferes with the comfort or report of any person in the vicinity;
(K) Sound reproduction. The use or operation of any radio or other mechanical or electrical devices or instruments amplifying and reproducing the human voice, or any sound or noise, in any public or private place, or from any vehicle, in such manner that the peace and good order of the neighborhood are disturbed, or that persons owning, using, or occupying property in the neighborhood are disturbed or annoyed, provided that the Director of Parks and Recreation may allow the use of amplified sound at a special event under the terms as specified elsewhere in this municipal code. Provided further, that where no special event as described in this code is involved, the City Council may grant permission for the erection and use of temporary radio speakers, and other mechanical or electrical devices or instruments amplifying and reproducing the human voice, or any sound or noise at a fixed location, or on moving vehicles, as part of a celebration or commemoration of a patriotic or historic event, or national or state holiday, or local celebration, or at gatherings of a public nature, and at such other times as the City Council may see fit; provided, further, the City Council, in granting such permission, shall expressly designate the time such permission shall continue;
(L) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon request of city authorities; or
(M) Engine brakes. The use of engine brakes on any vehicle within the city.
(Ord 3658, passed - -2000)