It shall be unlawful for any person to make, 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 others within the limits of the City.
(1) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of the Code, but such enumeration shall not be deemed to be exclusive, namely:
(a) Horns, Signaling, Devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car 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 signaling device except one operated by hand or electricity, the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up.
(b) Radios, Stereo Equipment, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, stereo equipment or other machine or device for the producing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants 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 such machine or device is operated and who are voluntarily listeners thereto. The operation of any such set, instrument, stereo equipment, machine between the hours of eleven o’clock (11:00) P.M. and seven o’clock (7:00) A.M. in such a manner as to be plainly audible at a distance of fifty feet (50') from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this Code.
(c) Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, stereo equipment, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of, sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
(d) Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of eleven o’clock (11:00) P.M. and seven o’clock (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 office, or in any dwelling, hotel or other type of residence or of any persons in the vicinity.
(e) Animals. The keeping of any animal which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.
(f) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(g) Defect in Vehicle or Load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(h) Construction or Repairing of Buildings. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. on week days , except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector; which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the Building Inspector should determine 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 of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M., and if he or she shall further determine that loss or inconvenience would result to any party-in-interest, he or she may grant permission for such work to be done within the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. upon application being made at the time the permit for the work is awarded or during the progress of work.
(i) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
(j) Pile Driver, Hammers, etc. The operation between the hours of ten o’clock (10:00) P.M. and seven o’clock (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.
(k) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
(l) Fireworks. Permissible fireworks may not be discharged except from June 25 through July 4 and December 29 through December 31 and only during the hours of 8:00 a.m. through 10:00 p.m., except that on July 4 and December 31 permissible fireworks may be discharged from 8:00 a.m. through 12:00 midnight.
(2) Waiver. The Governing Body may allow exceptions to this section. Any party wishing to be excluded from these provisions must receive permission from a majority of the Governing Body during a public Council Meeting. The Governing Body may attach certain limitations to the request for exclusion. The City Clerk shall send a notification of approval and limitations to the responsible party. The responsible party shall have said notification available for inspection by authorities during the period of noncompliance. (Ord. No. 568, 7/16/02) (Amended by Ord. No. 897, 8/4/15; 1068, 7/5/21)