Each of the following acts is declared unlawful and prohibited, but this enumeration shall not be deemed to be exclusive.
(A) Animal and bird noises. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person.
(B) Construction noises. The erection (including excavating therefor), demolition, alteration or repair of any building and the excavation of streets and highways on Sundays and other days, except between the hours of 7:00 a.m. and 6:00 p.m., unless a permit be first obtained from the City Manager.
(C) Sound amplifiers. Use of any loudspeaker, amplifier or other instrument or device, whether stationary or mounted on a vehicle for any purpose, except one which is noncommercial in character and when so used shall be subject to the following restrictions:
(1) The only sounds permitted are music or human speech;
(2) Operations are permitted for four hours each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted four hours of operation shall be between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m.;
(3) Sound amplifying equipment mounted on vehicles shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour except when said truck is stopped or impeded by traffic;
(4) Sound shall not be issued within 100 yards of hospitals, schools or churches;
(5) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet from the sound amplifying equipment and so that the volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility;
(6) No sound amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification.
(D) Engine exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which effectively prevents loud or explosive noises therefrom.
(E) Handling merchandise. 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.
(F) Blowers. The discharge into the open air of air from any noise creating blower or power fan unless the noise from such blower or fan is muffled sufficiently to deaden such noise.
(G) Hawking. The hawking of goods, merchandise, or newspapers in a loud and boisterous manner.
(H) Horns and signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching, apparently out of control, or to give warning of intent to get under motion, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.
(I) Radio, TV, boom-box and vehicular radios.
(1) The playing of any radio, television set, phonograph, CD player, boom-box, or any musical instrument, hand-carried, stationary, within a building or dwelling, or within an automobile or other vehicle, in such a manner so as to annoy or disturb the quiet comfort or repose of persons within 50 feet of the device shall be prohibited.
(2) The City Commission finds that excessive noise and excessive vibration from such devices degrades the environment, peace and dignity of the city residents and is harmful and detrimental to the health, welfare and safety of its inhabitants. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:
(a) The level of the noise;
(b) Whether the nature of the noise is usual or unusual;
(c) Whether the origin of the noise is natural or unnatural;
(d) The level and intensity of the background noise, if any;
(e) The proximity of the noise to residential areas or to persons;
(f) The nature and zoning of the area within which the noise emanates, such as residential, commercial, or industrial;
(g) The density of the inhabitation of the area within which the noise emanates;
(h) The time of day and/or night the noise occurs;
(i) The duration of the noise;
(j) Whether the noise is recurrent, intermittent, or constant;
(k) Whether the noise contains the discharge or escape of sounds or vibrations which cause discomfort to others within 50 feet of the source.
(3) The effective control and elimination of excessive noise and excessive vibration is essential to the furtherance of the health and welfare of the city’s inhabitants and to the conduct and normal pursuit of life, recreation, commerce and industrial activity.
(J) Shouting and whistling. Yelling, shouting, hooting, whistling, or singing or the making of any other loud noise on the public streets between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time so as to annoy or disturb the quiet, comfort, or repose of persons in any school, place of worship, or office, or in any dwelling, hotel, or other type of residence, or of any person in the vicinity.
(K) Whistle or siren. The blowing of any whistle or siren, except to give notice of the time to begin or stop work or as a warning of fire or danger.
(1990 Code, § 9.11) (Am. Ord. 429, passed 3-13-1995)