No person shall do any of the following:
A. Fighting: Engage in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided that participants in athletic contests may engage in such conduct which is reasonably related to that sport.
B. Noise:
1. Purpose: The purpose of this chapter is to prevent excessive sound, which is a serious hazard to the public health and the quality of life in the City.
2. Definitions:
NOISE: | Unwanted sound, undesired sound, or sound without value. Noise consists of any sound which may produce psychological or physiological effect on humans. |
SOUND: | An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound including source/origin, duration, intensity, and frequency. |
3. Measurement of Noise and Sound: Sound shall be measured at the edge of the City street or alley right-of-way reasonably appearing to be the property producing the source of the sound. When a complaint is received, a measurement may also be taken at the location on the property where the complaining party was disturbed.
4. Noise Disturbance Prohibited: It is unlawful for any person to do or cause any of the following described activities:
a. Use or operate a power lawn mower, power trimmer, or other gasoline or electric-powered device intended for yard, house, or landscape maintenance between the hours of nine o’clock (9:00) p.m. and seven o’clock (7:00) a.m.
b. Use or operate a gasoline-powered lawn mower which does not have a muffler.
c. Use or operate a gasoline-powered chain saw between the hours of nine o’clock (9:00) p.m. and seven o'clock (7:00) a.m.
d. Use or operate, in residential districts, construction equipment between the hours of nine o'clock (9:00) p.m. and seven o'clock (7:00) a.m.
e. Operate in any City park between the hours of nine o'clock (9:00) p.m. and seven o'clock (7:00) a.m. any sound equipment, including radios, stereo systems, tape players, or musical instruments or devices.
f. Racing. The sound made by a motor vehicle or recreational vehicle on private property or pubic right-of-way during any track, racing, or time trial event, whether organized or unorganized, at all times.
g. Screeching Tires. The sound made by the intentional screeching or squealing of the tires of a motor vehicle, at all times.
h. Persons operating farm equipment are exempt from the provisions of this section.
i. No person shall cause or create, or permit the causing or creating of, a noise disturbance that is plainly audible by any person:
(1) Either across a real property line or at a distance of one hundred feet (100'); and
(2) For more than thirty (30) continuous seconds.
j. No person shall play or operate, or permit the playing or operating of, a sound production device within a motorized vehicle that is plainly audible by any person more than fifty feet (50') away.
k. No person shall operate a motor vehicle or a recreational vehicle whose exhaust system has been modified including but not limited to: by the installation of a muffler cut-out or bypass to create excessive or unusual noise at all times. Sound that is plainly audible by any person:
(1) Either across a real property line or at a distance of one hundred feet (100') or more from the vehicle; and
(2) For more than thirty (30) continuous seconds.
l. No person shall cause the engine of any vehicle to cause emit any loud noise in excess of normal operation at any location within the corporate city limits.
m. The maximum allowable cumulative noise levels for motor vehicles shall be eighty-eight (88) dB measured:
(1) Either across a real property line or at a distance of fifty feet (50') or one hundred feet (100') or more from the vehicle; and
(2) For no more than thirty (30) continuous seconds above eighty-eight (88) dB.
n. No person shall make or cause, permit, or allow to be made, upon a public way, or in such close proximity to a public way as to be distinctly and loudly audible upon such public way, any noise of any kind by crying, calling, or shouting, or by means of any whistle, rattle, bell, hammer, drum, horn, other musical instrument, wind instrument, mechanical devices, or other similar device so as to destroy the peace of the neighborhood.
o. The keeping upon any property owned, occupied, or controlled by any person, of any animals otherwise permitted to be kept which, by any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal sensibilities.
p. The requirements, prohibitions, and terms of this chapter shall not apply to emergency work or to any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency. The terms of this section shall not apply to those activities of a temporary duration, permitted by law including but not limited to parades, fireworks displays, outdoor warning systems, nonprofessional athletic contests, all construction work, and all other authorized activities occurring on government property.
q. The emission of sound for the purpose of alerting persons to the existence of an emergency shall be allowed. This is to include the public address systems.
r. The emission of sound from activities where the state or Federal agency has adopted a different standard or rules than that prescribed within this chapter shall be allowed.
s. The emission of sound from on-site stationary trash compactors, municipal or municipally contracted compacter trucks loading or unloading of yard waste, recyclable material, trash, and garbage. shall be allowed between the hours of seven o'clock (7:00) a.m. to nine o'clock (9:00) p.m.
t. These are exempt; The emission of sound during the operation, maintenance, repair, and cleaning of public streets and facilities. Work performed by or for public utilities. The emission of sound in the performance of emergency work, including snow removal and maintenance of trees.
u. Emergency vehicles, such as firetrucks, police and ambulances are exempt.
v. Essential services, such as work at electrical substations and safety devices are exempt.
w. Construction and maintenance activities which are nonroutine operations, temporary in nature, and conducted infrequently shall be exempt.
x. Parades, processions or other public events are exempt between seven o'clock (7:00) a.m. and nine o'clock (9:00) p.m.
y. Car or truck horns or similar devices when used to denote danger or a warning or possible danger are exempt.
z. Special permission may be granted by the City Council, to exceed the noise and/or time limits outlined in this chapter for specific activities, events, celebrations, and public gatherings. Any person who desires to use a sound-producing device which would create a noise level higher than that permitted by this ordinance must first apply for a permit from the City Council. The City Council may issue such a permit if it is satisfied that the use for which the permit is desired will not endanger the health, safety, and comfort of the general public of the City.
5. In addition, the provisions of this section will be enforced only upon receipt of a complaint made or filed with City officials. Certification by an official charged with enforcement of provisions of this section that a noise disturbance complaint was made shall be sufficient to establish the fact of the complaint.
6. Sound Levels by Land Use: With the exception of sound levels elsewhere specifically authorized or allowed in this chapter, the following are maximum permissible sound levels allowed at or within the property boundary by land use:
Category of Receiving Land Use | Time of Day | Maximum Sound Level |
Residential | 7:00 a.m. to 9:00 p.m. | 65dB |
9:00 p.m. to 7:00 a.m. | 55dB | |
Commercial and Industrial | 7:00 a.m. to 9:00 p.m. | 85dB |
9:00 p.m. to 7:00 a.m. | 70dB | |
Park | 7:00 a.m. to 9:00 p.m. | 75dB |
9:00 p.m. to 7:00 a.m. | 55dB |
7. If the volume of sound exceeds the maximum permissible sound level exceeding a fifteen (15)-minute meter reading duration, the sound is prohibited and declared unlawful in violation of this chapter.
8. It is recognized that it is not technically or economically feasible for certain business operations and equipment to comply with the standards set forth in this chapter as adopted on December 31, 2021. The City Council shall therefore issue a variance permit for business operations and equipment in existence on such date which produce excessive noise if it is found that it is not technically or economically feasible to alter such operation to reduce noise to within the prescribed standards set forth in this ordinance. Application for such variances must be made to the City Clerk by the affected party in a letter setting forth the reasons that such a variance should be granted. After review of all the circumstances, and review of the degree of the nuisance, The Mayor, with City Council approval, shall reply in writing, giving the variance, denying the variance, or setting forth conditions and limitations under which the variance will be granted. Variance permits granted under this section shall be valid for a period of two (2) years from the date granted, and may be renewed for a like period of time upon application and review.
C. Abusive Language: Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violation reaction by another.
D. Assemblies:
1. Disrupt Lawful: Without lawful authority or color of authority, disturb any lawful assembly or meeting or persons by conduct intended to disrupt the meeting or assembly.
2. Unlawful Assembly: For two (2) or more persons to assemble together for the purpose of disturbing the place or for the purpose of committing an unlawful act and not to disperse upon the command of an officer so to do.
E. False Reports Or Acts:
1. False Report Of Catastrophe: By words or action, initiate or circulate a report or warning of fire, epidemic or other catastrophe, knowing such report to be false or such warning to be baseless.
2. False Pretenses: To obtain any food, drink, goods, wares or merchandise under false pretenses, or to enter any public place and call for refreshments or other articles and receive and refuse to pay for same, or depart without paying for or satisfying the person from whom he received the food, goods, wares and merchandise.
3. False Representation: To represent falsely himself to be an officer of the city or who shall attempt to impersonate any such officer or who shall, without authority, perform any official act thereof on behalf of an officer.
4. Swindling: By color, or aid of any trick or sleight of hand performance, or by fraud or by fraudulent scheme, cards, dice or device to win for himself or for another any money or property or a representative of either.
F. Disrespect Of Flag: Knowingly and publicly using the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit a public offense.
G. Public Defecation And Urination: To urinate or defecate in or upon any street, alley, sidewalk or other place open to the public view or public use, provided that this subsection shall not apply to private restrooms or public facilities designated for such purpose.
H. Bathing In River: To bathe, wash or swim when naked or insufficiently clothed in the Iowa River within the limits of the city. (Ord. 16, 9-5-1921; amd. 1975 Code; 2004 Code; Ord. 21-2, 12-13-2021)