(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Person." Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality thereof.
(2) "Property line." The line which represents the legal boundary of the property (including an apartment, condominium, room or other dwelling unit) owned, leased or otherwise occupied by a person. In cases involving sound from an activity on a public street or other public right-of-way, the "property line" shall be the nearest public right-of-way line.
(3) "Sound amplifying equipment." Any machine or device for the amplification of the human voice, music or any other sound. It shall not be construed as including standard automobile radios when used and heard only by occupants of the vehicle in which they are installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.
(4) "Sound truck." Any vehicle having mounted thereon, or attached thereto, any sound-amplifying equipment.
(5) "Stationary noise." Sound made by any machine or by any device for the amplification of the human voice or music, or any other sound originating from a fixed location.
(b) Unnecessary noise prohibited. No person shall make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of persons of ordinary sensibilities.
(c) Examples of unnecessary noises. The following acts, which constitute a nonexclusive list, are declared to be loud, disturbing and unnecessary noises in violation of this section:
(1) Horns; signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any public street or public place; the creation, by means of any such signaling, of unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable length of time. An exception to the foregoing is the use of any such signaling device as a warning of danger.
(2) Radios; phonographs; and the like. The use or operation of any radio, phonograph, television, tape recorder, loudspeaker, musical instrument or any other machine or device for the producing or reproducing of sound or for amplifying sound in such a manner as to disturb the peace, quiet and comfort of persons of ordinary sensibilities, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners thereto. It is prima facie unlawful for a person to use or operate any such machine or device in such a manner as to be plainly audible at a distance of 80 feet from the room, building, structure or vehicle in which it is located.
(3) Yelling; shouting. Yelling, shouting, hooting, whistling or singing 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.
(4) Drums. The use of any drum or other similar instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show or sale.
(5) Transportation of metal rails, pillars and columns. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and public places, upon carts, cars, trucks or in any other manner, or loaded, so as to cause loud noises or to disturb the peace, quiet, comfort or repose of persons of ordinary sensibilities.
(6) Pile drivers, hammers, and the like used on outside construction. The operation, between the hours of 10:00 p.m. and 7:00 a.m. of the following day, of any pile driver, pneumatic hammer, grinder, shredder, derrick or other equipment or appliance used in outside construction, the use of which is attended by loud or unusual noise, in any zoning district in the city, which disturbs the peace, quiet, comfort or repose of persons of ordinary sensibilities living or working in residential or office-residential zoning districts in the city.
(d) Emergencies. In the event of an emergency as determined by the Mayor or his or her designee, the provisions of this section may be waived by either of the persons.
(e) Penalty. Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 19-94, passed 9-6-1994)