(A) No person shall make, assist in making, continue, or cause to be made any loud, disturbing, or unnecessary noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, safety, or peace of others between the hours of 10:00 p.m. and 7:00 a.m. except as otherwise provided.
(B) Loud, disturbing, and unnecessary noises include, but are not limited to:
(1) The keeping of any animal which, by causing frequent or continued noise, disturbs the comfort and repose of any person in the vicinity;
(2) The attaching of a bell to an animal or allowing a bell to remain on an animal;
(3) The use of a vehicle or engine, either stationary or moving, so out of repair, loaded, or operated as to create any loud or unnecessary grating, grinding, rattling, or other noise;
(4) The sounding of a horn or signaling device on a vehicle on a street, public place or private place, except as a necessary warning of danger;
(5) The use of a mechanical device operated by compressed air, steam, or otherwise, unless the noise created thereby is effectively muffled;
(6) The erection, including excavation, demolition, alteration, or repair of a building in residential districts other than between the hours of 7:00 a.m. and 6:00 p.m., except in case of urgent necessity in the interest of the public welfare and safety, and then only with permit granted by the City Recorder for a period not to exceed ten days. The permit may be renewed for periods of five days while the emergency continues to exist. If the City Recorder determines that the public health, safety, and welfare will not be impaired by the erection, demolition, alteration, or repair of a building between the hours of 6:00 p.m. and 7:00 a.m., and if the City Recorder shall further determine that loss or inconvenience would result to any person unless the work is permitted within those hours, the City Recorder may grant permission for such work to be done within specified hours between 6:00 p.m. and 7:00 a.m., upon application therefor being made at the time the permit for the work is awarded or during the progress of the work. The owner of property may do work on property actually occupied by the owner between the hours of 6:00 p.m. and 10:00 p.m. without obtaining a permit;
(7) The use of a gong or siren upon a vehicle other than an emergency services vehicle except when used as part of a community function such as a parade or other special promotion for which a permit has been issued;
(8) The creation of loud or disturbing noises on a street adjacent to a school, institution of learning, church, or court of justice, while the same are in use, or on a street adjacent to a nursing home, or other institution for the care of the sick or infirm, which interferes with the safe operation of such institution or disturbs or unduly annoys occupants;
(9) The discharge in the open air of the exhaust of a steam engine, internal combustion engine, motorboat, or motor vehicle, except through muffler or other device which will effectively prevent loud or explosive noises;
(10) (a) The use or operation of an automatic or electric piano, phonograph, radio, television, loudspeaker, or any instrument for sound producing, or any sound production device so loudly as to disturb persons in the vicinity thereof, or in such a manner as renders the use thereof a nuisance.
(b) However, upon application to the chief law enforcement officer, permits may be granted to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches, or general entertainment as a part of a national, state, or municipal event, public festivals, or outstanding events of a noncommercial nature;
(11) The making of a noise by crying, calling, or shouting or by means of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument, or other device for the purpose of advertising goods, wares, or merchandise, attracting attention, or inviting patronage of a person to a business; and
(12) The conducting, operating, or maintaining of a commercial or industrial business within 100 feet of a private residence, apartment, rooming house, or hotel in such manner as to cause loud or disturbing noises to be emitted there from between the hours of 10:00 p.m. and 7:00 a.m.
(C) No person shall make, assist in making, continue, or cause to be made any loud, disturbing, or unnecessary noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, safety, or peace of others at any time in the following manner:
(1) The use or operation of any sound production or reproduction device, car alarm, or horn on public property or on a public right-of-way so as to cause a plainly audible sound 50 feet or more from such device, except as allowed by permits in division (B)(10) above or in the case of an actual emergency;
(2) The operation, or to permit the use or operation of any device designed for sound production or reproduction, including, but not limited to any radio, television set, musical instrument, phonograph, loud speaker, bell, chime, horn, in such a manner as to cause a noise disturbance and as defined in division (B)(4) and (B)(10) above, except as allowed by permits in division (B)(10) above, so as to be plainly audible within any dwelling unit which is not the source of the sound.
(Ord. 709, passed 3-9-2009) Penalty, see § 91.99