(a) Prohibition. Between the hours of 10 p.m. and 7 a.m., subject to the exceptions provided in this section, no person within this City shall willfully make, permit, continue, or cause to be made, permitted, or continued any noise (1) that causes, or tends to cause, an adverse health effect, (2) that can be clearly heard inside another person's residence or other building designed for lodging, and (3) that would annoy and disturb the comfort and repose of a reasonable person with normal sensibilities within such residence or other building designed for lodging.
(b) Waiver. A person may request in writing a waiver from the prohibition established in this section. Such request shall be addressed to the Mayor, City Manager, or City Engineer, set forth the type of noise, date and time when the noise is to be expected, and reasons justifying such noise. Prior to making a determination on the waiver, the Mayor, City Manager, or City Engineer may require notice to affected parties and an opportunity to comment. A waiver may impose reasonable conditions and limitations.
(c) Exceptions. The prohibition set forth in this section shall not apply to any of the following:
(1) Noise for which the Mayor, City Manager, or City Engineer has granted a waiver;
(2) Noise from events or activities specifically approved by City Council;
(3) Noise of safety signals, warning devices, or burglar or fire alarms, except any burglar or fire alarm that is negligently permitted to continue longer than five minutes after such crime or fire;
(4) Noise due to emergency vehicles or responses during an emergency;
(5) Noise incidental to the protection or preservation of property or the health, safety, life, or limb of any person or animal or otherwise caused by or necessitated due to an emergency or safety hazard or emergency public utility repair;
(7) Noise specifically permitted by federal law and preempted from being prohibited by State or local law, such as noise generated by railroads.
(Ord. 2289. Passed 11-21-19.)