(a) General prohibitions. It shall be unlawful for any person or for any person to allow another person to make, cause to be made or continued any noise disturbance within the limits of the city. This includes the following specific prohibitions in division (b) below, along with exceeding the decibel levels set forth in this subchapter or granted through a sound permit.
(b) Specific prohibitions. The following acts are declared to be in violation of this subchapter:
(1) Horns and signaling devices. Sounding of any horn or signaling device on any truck, automobile, motorcycle, emergency vehicle or other vehicle on any street or public place within the county or any city therein except as a danger warning signal or the sounding of any signaling device for an unnecessary and unreasonable period of time;
(2) Radios, television sets, musical instruments and similar devices.
A. Using, operating or allowing the use or operation of any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound in a manner as to violate § 93.003 or cause a noise disturbance; or
B. Using, operating or allowing the use or operation of any device between the hours of 10:30 p.m. and 6:00 a.m. the following day in a manner as to be plainly audible at the property boundary of the source or plainly audible at 50 feet from the device when operated within a vehicle parked on a public right-of-way or plainly audible at 100 feet from the device when operated within a moving vehicle.
(3) Public loudspeakers. Using, operating or allowing the use or operation of a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound vehicle in or upon any street, alley, sidewalk, park, place or public property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in a manner as to violate § 93.003 or cause a noise disturbance;
(4) Hawkers and peddlers. Selling anything by outcry within any area of the city therein zoned primarily for residential uses in a manner as to violate § 93.003 or cause a noise disturbance. The provisions of this division (b)(4)shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events, or occasional sale of property by public auction;
(5) Loading operation. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage containers or other objects between the hours of 10:30 p.m. and 6:00 a.m. the following day in a manner as to violate § 93.003 or cause a noise disturbance;
(6) Enclosed places of public entertainment. Operating or permitting to be operated in any place of public entertainment any loudspeaker or other source of sound which produces, at a point that is normally occupied by a customer, maximum sound pressure levels of 100 dB(A) as read with the slow response on a sound level meter, unless a conspicuous and legible sign at least 225 square inches in area is posted near each public entrance stating: “WARNING: SOUND LEVELS MAY CAUSE HEARING IMPAIRMENT.” This division (b)(6) shall not be construed to allow the operation of any loudspeaker or other source of sound in a manner as to violate § 93.003;
(7) Fireworks or explosives. The use of explosives or fireworks, or the firing of guns or other explosive devices so as to be audible across a property boundary or on a public space or right-of-way, without first obtaining a permit as provided by § 93.007. This division (b)(7) shall not be construed to permit conduct prohibited by other statutes, ordinances or regulations governing the activity.
(9) Powered model mechanical devices. The flying of a model aircraft powered by internal combustion engines, whether tethered or not, or the firing or operating of model rocket vehicles or other similar noise-producing devices, between the hours of 10:30 p.m. and 6:00 a.m. the following day; or in a manner as to violate § 93.003 or cause a noise disturbance;
(10) Dynamic braking devices. Operating any motor vehicle with a dynamic braking device engaged except for the aversion of imminent danger;
(11) Defect in vehicle. Operating or permitting to be operated or used any truck, automobile, motorcycle or other motor vehicle which, by virtue of disrepair or manner of operation, violates § 93.003 or causes a noise disturbance;
(12) Standing motor vehicles. The operating or causing or permitting to be operated any motor vehicle or any auxiliary equipment attached thereto in a manner as to violate § 93.003 or cause a noise disturbance for a consecutive period longer than 15 minutes during which the vehicle is stationary in a residential zone;
(13) Noise sensitive zones. Creating noise in excess of the standards as defined in § 93.003 within the vicinity of any school, hospital, institution of learning, court or other designated area where exceptional quiet is necessary, while the school, hospital, institution, court or other area is in use;
(14) Bells and alarms. Sounding, operating or permitting to sound or operate an electronically amplified signal from any bell, chime or clock, including but not limited to bells, chimes or clocks in schools, houses of religious worship or governmental buildings, which fails to meet the standards set forth in § 93.003;
(15) Fixed sirens, whistles and horns. The sounding or causing the sounding of any whistle, horn or siren as a signal for commencing or suspending work, or for any other purpose except as a sound signal of imminent danger, in a manner as to violate § 93.003 or cause a noise disturbance; and/or
(16) Recreational vehicles and snowmobiles. Operating a recreational vehicle or snowmobile in a manner which violates § 93.003 or causes a noise disturbance.
(1972 Code, § 9-2; 1992 Code, § 25.5-2) (Ord. 72-78, passed 7-10-1978; Ord. 85-78, passed 8-21-1978; Ord. 84-94, passed 9-19-1994; Ord. 57-98, passed 6-15-1998; Ord. 6-10, passed 2-10-2010)