(A) Purpose. There has come into being within the city certain loud, avoidable, unnatural, and unnecessary noises which constitute a threat to the health, welfare, contentment, and feeling of well-being of the citizens of the city. Therefore, the City Council does declare that the doing of such things prohibited by, or not in conformity with, the terms of this section constitute an undesirable noise and shall be punished as hereinafter provided.
(B) Reservation of remedies. The provisions of this section shall be in addition to and shall not disturb either the right of the city or the right of individuals to any other remedy which might or could be available under any other law, statute, code provision, ordinance, or regulation.
(C) Specific noises prohibited. Except as provided, the following are declared to be nuisance noises in violation of this section and are prohibited.
(1) Unmuffled engines. It shall be unlawful to operate or cause to be operated any motorized vehicle unless the noise from such motorized vehicle is muffled with a muffler device sufficient to deaden such noise so that the same shall not cause annoyance to the public or disturb the rest and quiet of persons residing or occupying property near enough thereto to be annoyed thereby, and which muffler device complies with all applicable state laws and regulations.
(2) Exhausts. It shall be unlawful to discharge into the open air the exhaust of any vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom and which complies with all applicable state laws and regulations.
(3) Street noise. No person between the hours of 7:00 p.m. and 7:00 a.m. shall operate a radio, stereo, tape player, or any other audible device other than a motor vehicle engine on the highways, streets, parking lots, alleys, sidewalks, or other public property within the city which is audible at a distance of 25 feet.
(D) Responsibility. The owner and tenant of any premises on which a violation of this section occurs shall make every reasonable effort to see that the violation ceases. Violation of this section shall be deemed the act of the person committing the act and the person in possession, control, or custody or having charge of the premises who allows or permits the violation to take place. Violation of this section shall also be deemed the act of a nonresident landlord, provided the nonresident landlord has received written notice from the city of the violation and has failed to make every reasonable effort to see that the violation ceases or does not continue to occur.
(Ord. 106, passed 8-12-97) Penalty, see § 130.99
Cross-reference:
Nuisances; noise, see § 91.18