A. Generally. It is hereby declared to be a public nuisance and it is unlawful to create any unreasonably loud, disturbing, or unnecessary noise within the limits of the city, or reaching the limits of the city, regardless of the source. It shall be unlawful to make any noise of the character, intensity, or duration as to be detrimental to the life or health of any individual or in disturbance of the public peace and welfare. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises and noises in violation of this code, but this enumeration shall not be deemed to be exclusive, namely:
1. Blowing horns or signaling devices; except as a danger signal. The sounding or blowing of any horn or signal device on any automobile, truck, bus, motorcycle, or other vehicle, except as a danger signal; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of the device for any unnecessary and unreasonable period of time;
2. Radios, phonographs, and the like. The playing of any radio, phonograph, sound amplification device or any other musical instrument in such a manner or with the volume, particularly between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any health or medical clinic, dwelling, hotel, or other type of residence, or of persons in the vicinity. This section shall apply only when two or more independent witnesses who are not related are the complaining party.
3. Yelling, shouting, hooting, whistling, or singing, and the like, on streets. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any health or medical clinic, dwelling, hotel, or other type of residence, or of persons in the vicinity;
4. Pets causing frequent or long continued noise. The keeping of any animal, bird, or fowl which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity;
5. Use of vehicles. The use of any automobile, truck, bus, motorcycle, or other vehicle so out of repair, so loaded, or in the manner as to create loud and unnecessary grating, grinding, rattling, or other noise;
6. Exhaust discharge. To discharge into the open air 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 noises therefrom. It is unlawful for any person operating any motor vehicle to use a cut-out, bypass, or similar muffler elimination appliance;
7. Noises near schools, health or medical clinics, churches, and the like. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same is in session, or adjacent to any health or medical clinic, which unreasonably interferes with the workings or session thereof. Provided, that signs must be displayed in the streets indicating that the same is a school, institution of learning, church, court, or health or medical clinic;
8. Loading and unloading operations or the opening and destruction of bales, boxes, crates, and containers. The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers;
9. Loud speakers and sound amplifiers on vehicle. It is unlawful to play, operate, or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier, or any instrument of any kind or character which emits loud and raucous noises from any vehicle. This section shall include those vehicles that use mechanical loudspeakers or amplifiers on automobiles, motorcycles, trucks, buses, or other moving or standing vehicles or trailers for advertising or other purposes;
10. Building operations, excavation, and the like. The erection (including excavating),demolition, alteration, or repair of any building in any area of the city, other than between the hours of sunrise 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 which may be granted for a period not to exceed 30 days, while the emergency continues. If it should be determined 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 within the hours specified herein, and if it is further determined that loss or inconvenience would not result to any party in interest, permission maybe granted for the work to be done at times other than specified herein, upon application being made at the time the permit for the work is awarded or during the progress of the work;
11. Noises to attract attention. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by creation of noise to any gathering, performance, show, sale, or display of merchandise is unlawful; and
12. Squealing tires. No person shall operate any vehicle:
a. At such a speed on a curve or turn as to create loud and unnecessary noise through the squealing of tires upon the public right-of-way;
b. So to accelerate or decelerate in such a manner as to create loud and unnecessary noise through the squealing of tires upon the public right-of-way; or
c. So as to cause damage to the public right-of-way.
B. Exemptions. None of the terms or prohibitions in this code relating to noise shall apply to or be enforced against:
1. Heating and cooling equipment when it is functioning in accordance with manufacturer's specifications and is in proper operating condition provided that no unit may create an excessive, unnecessary or offensive noise causing annoyance or discomfort to a reasonable person of normal sensitivity within any sleeping or living area inside any dwelling unit;
2. Landscape maintenance equipment when it is functioning in accordance with the manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition;
3. The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character, and which amplifiers or loudspeakers are not used in connection with any moving vehicle;
4. Noises of safety signals, warning devices and emergency pressure relief valves;
5. Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
6. Noises from church chimes or bells;
7. Noise created by any federal, state or city vehicle, equipment or facility while being operated for official use;
8. Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations or air traffic control instructions issued pursuant to or within duly adopted federal air regulations, together with any noise created by aircraft operated under, or pursuant to, declaration of an emergency under federal air regulations.
9. An event being held pursuant to a city-issued special event or event permit and activities hosted by the city provided that the event is operating in accordance with the conditions of that permit.
C. Penalty. Any person who violates any provision of this section is guilty of a class 3 misdemeanor.
(Ord. 199, passed 11-6-1990; Ord. 2019-001, passed 3-19-2019) Penalty, see Article 1-8