(a) No person shall do any of the following:
(1) Operate or play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any place of public entertainment at a sound level greater than ninety-five dBA as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous sign is located outside such place, near each public entrance, stating “WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT;”
(2) Repair, rebuild, modify or test any motor vehicle, motorcycle or motor boat in such a manner as to cause a noise disturbance across a real property boundary in a residential area;
(3) Discharge into the open air the exhaust of any steam engine, stationary internal combustion engine or motor boat, except through a muffler or other device in good working order and in constant operation;
(4) Load, unload, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or similar objects between 9:00 p.m. and 8:00 a.m. of the following day in such a manner as to cause a noise disturbance across a real property boundary in a residential area;
(5) Operate or permit the operation of any tools or equipment used in construction, drilling or demolition work between 9:00 p.m. and 7:30 a.m. of the following day on weekdays, or between 9:00 p.m. Friday and 8:00 a.m. Saturday or between 6:00 p.m. Saturday and 10:00 a.m. Sunday or between 6:00 p.m. on Sunday and 7:30 a.m. on Monday, or prior to 10:00 a.m. or after 6:00 p.m. on Thanksgiving Day, Christmas Day or New Year’s Day, such that the sound therefrom creates a noise disturbance across a real property boundary in a residential area, except for emergency work of public service utilities or by special permission granted by the Building Commissioner.
This paragraph shall not apply to the use of domestic power tools subject to paragraph (a)(10) hereof.
(6) Intentionally sound or permit the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as follows:
A. Testing of a stationary emergency signaling device between 8:00 a.m. and 9:00 p.m. or the closing time of a commercial establishment, whichever occurs later. Any such testing shall use only the minimum cycle test time. In no case shall such test exceed sixty seconds.
B. Testing of a complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, between 8:00 a.m. and 9:00 p.m. In no case shall such test exceed ten minutes.
(7) Operate or play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in such a manner as to create a noise disturbance across a real property boundary in a residential area, or in such a manner as to create a noise disturbance at fifty feet (fifteen meters) or more from such device when operated in or on a public right of way or public space;
(8) Use or operate for any noncommercial purpose any loudspeaker, public address system or similar device between 9:00 p.m. or 8:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a real property boundary in a residential area. Mobile sound vehicles amplifying non-commercial spoken language between 9:00 p.m. and 8:00 a.m. of the following day shall be exempt from this paragraph with a permit from the Director of Public Safety.
(9) Use or operate for any commercial purpose any loudspeaker, public address system or similar device such that the sound therefrom creates a noise disturbance on a public right of way or public space or across a real property boundary;
(10) Operate or permit the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower or similar device, other than powered snow removal equipment, in residential areas between 9:00 p.m. and 8:00 a.m. of the following day on weekdays, before 8:00 a.m. or after 9:00 p.m. on Saturdays, and before 10:00 a.m. or after 6:00 p.m. on Sundays, Thanksgiving Day, Christmas Day or New Year’s Day, so as to cause a noise disturbance across a real property boundary in a residential area; or
(11) Operate or permit the operation of powered model vehicles so as to create a noise disturbance across a real property boundary in a residential area or in a public space.
(b) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. Punishment shall be as provided in Section 698.02.
(Ord. 2003-33. Passed 4-7-03.)