(A) It is hereby declared to be a nuisance and it shall be unlawful for any person, between the hours of 10:30 p.m. and 7:00 a.m. the following morning to:
(1) Own, harbor, keep or have control of one or more animals on premises owned, leased or controlled by the person, which animal(s) make any unreasonably loud or disturbing noise;
(2) Cause any unreasonably loud or disturbing noise by any musical instrument, radio, sound amplifying equipment, explosive or by any other means; or
(3) Permit or allow on property owned, leased or controlled by the person any unreasonably loud or disturbing noise by any musical instrument, radio, sound amplifying equipment, explosive or by any other means; which noise either:
(a) Causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof; or
(b) Substantially interferes with the comfortable enjoyment of private home(s) by person(s) of ordinary sensibilities.
(B) The following acts, among those specified in division (A) above and among others unspecified, are declared to be nuisances in violation of this chapter, but the enumerations shall not be deemed to be exclusive, to wit:
(1) The use of any sound amplifying equipment of the intensity that disturbs persons of ordinary sensibilities in the immediate vicinity thereof;
(2) The continued or frequent sounding of any horn or signal device on any motor vehicle, except as a danger or warning signal;
(3) The running of any motor vehicle that is so out of repair, so loaded or is operated in a manner as to create loud, grating grinding, jarring or rattling noise; and
(4) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(C) As the city desires to preserve its rural environment, reasonable sounds made by domestic animals, including cows, sheep, chickens, goats, horses, dogs, cats and other animals kept and maintained for personal, non-commercial purposes shall not constitute a violation of division (A)(1) above.
(D) The following shall be among the criteria considered for the purpose of determining the reasonableness of noise made by animals:
(1) The volume and pitch of the sound(s);
(2) Whether the noise is habitual or recurring;
(3) Whether the noise is encouraged or induced by the owner, possessor or one controlling the animal(s); and
(4) The proximity of the noise to any residence, business or person complaining of the noise.
(E) There shall be a rebuttable presumption that any noise other than an animal noise measured at a level in excess of 65 dBA of sound pressure measured at or beyond any point on a real property boundary line for a total five minutes out of any hour, whether continuously or intermittently, shall constitute an unreasonable noise in violation of this chapter.
(F) Agents of the City Police Department are authorized, upon receiving a written complaint by any person affected by any alleged unreasonable noise, to notify the one alleged to have violated this chapter in writing of any complaint(s) and request voluntary compliance with this chapter. If voluntary compliance is achieved within a reasonable amount of time from notification by the City Police Department, the city shall not file charges for those violations of this chapter. A “reasonable amount of time” is an exclusive discretionary decision by the City’s Police Chief.
(Ord. 980707, passed 7-7-1998) Penalty, see § 91.99