The following acts set forth in divisions (A) through (O) are declared to be loud, disturbing, and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive:
(A) Horns, signaling devices, and the like. The sounding of any horn, or signaling device, on any automobile, motorcycle, or other vehicle, except as a danger warning.
(B) Radios, tape and disc players, and the like. The using, operating, or permitting to be played any radio receiving set, tape, or disc player, musical instrument, phonograph, or other machine or device for the producing, or reproducing, of sound in a manner, considering the time and place, and the purpose for which the sound is produced, as to disturb the peace, quiet, or repose of a person, or persons, of ordinary sensibilities;
(1) The play, use, or operation of any radio, tape, or disc player, musical instrument, phonograph, or other machine or device for the production or reproduction of sound in a manner as to be plainly audible at a distance of 50 feet from the machine or device shall be prima facie evidence of a violation of this section.
(2) When sound violating this section is produced or reproduced by a machine or device that is located in or on a vehicle, the vehicle's owner is guilty of the violation; provided, however, that if the vehicle's owner is not present at the time of the violation, the person in charge or control of the vehicle at the time of the violation is guilty of the violation;
(3) This section shall apply to all radios, tape and disc players, musical instruments, phonographs, and machines and devices for the production or reproduction of sound, whether on public, or private property.
(C) Loudspeakers; amplifiers for advertising. The using, operating, or permitting to be played any radio receiving set, musical instrument, phonograph, 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, and the like. Yelling, shouting, hooting, whistling, or singing at any time or place to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, motel, or other place of residence, or of any person in the vicinity.
(E) Animals, birds, and the like. The keeping of any animal or bird which, by causing frequent, or long, continued noise, shall disturb the comfort or repose of any persons in the vicinity.
(F) Whistles or sirens. The blowing of a locomotive whistle or steam whistle attached to any stationary boiler, or any siren whatsoever, except to give notice of the time to begin or stop work, as a warning of fire or danger, or by public emergency vehicles.
(G) Exhausts. The discharge into the open air of the exhaust of any vehicle, except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom.
(H) Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in a manner as to create loud and unnecessary grating, grinding, rattling, or other noise which shall disturb the comfort or repose of any person in the vicinity.
(I) Sound truck for advertising purposes. The use of sound trucks, or any other vehicle equipped with sound amplifying devices, for the purposes of advertising any program, project, or meeting of any public agency, private business, religious organization, civic group, political party, or charitable organization.
(J) Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle, or the opening and destruction of bales, boxes, crates, and containers.
(K) Construction or repairing of buildings. The erection (including excavation), demolition, alteration, or repair of any building between the hours of 9:00 p.m. and 6:00 a.m. on weekdays, except where single individuals or families work on single-family residences for their own occupancy owned by them; except that the Building Official may, in cases of emergency, grant permission to repair, at any time, when he or she finds that the repair work will not affect the health and safety of the persons in the vicinity.
(L) Schools, courts, churches, hospitals. The creation of any excessive noise on any street or private property adjacent to any school, institution of higher learning, church, court, clinic, or hospital, while the same are in use, which unreasonably interferes with the use thereof; provided, conspicuous signs are displayed in the streets indicating that the same is a school, hospital, or court street.
(M) Pile drivers, hammers, and the like. The operation between the hours of 9:00 p.m. and 6:00 a.m. of any pile driver, power shovel, pneumatic hammer, derrick, power or electric hoist, or other appliance, the use of which is attended by loud or unusual noise.
(N) Blowers. The operation of any noise creating power or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of generating gases or fluids; unless the noise from the blower or fan is muffled and the engine is equipped with a muffler designed sufficient to deaden the noise.
(O) Noisy parties and gatherings.
(1) It is unlawful for any person to, between the hours of 10:00 p.m. and 7:00 a.m., congregate at or participate in any party or gathering of two or more people from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of another person. It is also unlawful for any person to knowingly remain at such a noisy party or gathering.
(2) Noise of such volume as to be clearly audible at a distance of 50 feet from the structure or building in which the party or gathering is occurring, or in the case of an apartment building, in the adjacent hallway or apartment, shall be prima facie evidence of a violation of this section.
(3) When a peace officer determines that a party or gathering is in violation of this section, the officer may order all persons present at the premises where the violation is occurring, other than the owner or tenants of the premises, to disperse immediately. It is unlawful for any person to knowingly remain at such a party or gathering.
(4) The following are exempt from violation of this division (O):
(a) Activities which are duly authorized, sponsored, or licensed by the city, so long as the activity is conducted pursuant to the conditions of the license, permit, or contract authorizing the activity; and
(b) Persons who have gone to the party for the sole purpose of abating the violation.
(5) Every owner or tenant of the premises where a party or gathering in violation of this division this division (O) occurs who is present at the party or gathering is guilty of a violation of this division (O). Any person who refuses to disperse from a party or gathering in violation of this division (O) after being ordered by a law enforcement officer to do so is guilty of a misdemeanor.
(P) Exemptions. The following are exempt from violation of this chapter:
(1) City personnel or contractors performing public works operations;
(2) Activities which are duly authorized, sponsored or licensed by the city, so long as the activity is conducted pursuant to the conditions of the license, permit, or contract authorizing such activity;
(3) Church bells, school bells, chimes, or carillons;
(4) Antitheft devices; and
(5) Machines or devices for the production of sound on or in authorized emergency vehicles or for authorized emergency purposes.
(Ord. 022, fourth series, passed 5-21-2024)