CHAPTER 21. NOISE

Sec. 5-21.01. Noise from radios, television sets and similar devices.

   It shall be unlawful for any person within any residential zone of the City to use or operate any radio, musical instrument, phonograph, television receiver, or other machine or device for the producing, reproducing or amplification of the human voice, or any other sound in such a manner as to (1) disturb, for that time of the day or night, the reasonable peace, quiet, and comfort of the occupants of neighboring dwellings residing in the area; or (2) create any loud or raucous noise level by such use or operation which is audible to the human ear during the hours of 9:00 p.m. to 7:00 a.m. of the following day, at a distance in excess of fifty (50) feet from the property line of the noise source, or fifty (50) feet from any such device if in the public right-of-way, within any residential zone of the City.

(§ 2, of Ord. 1085-NS, eff. October 2, 1990)

Sec. 5-21.02. Powered equipment in residential areas.

   Between the hours of 9:00 p.m. and 7:00 a.m. of the following day, no person shall operate any lawn mower, backpack blower, lawn edger, riding tractor, or any other machinery, equipment, or other mechanical or electrical device, or any hand tool which creates a loud, raucous or impulsive sound, within any residential zone or within any commercial zone which can be heard from any inhabited real property in a residential zone.

(§ 2, of Ord. 1085-NS, eff. October 2, 1990)

Sec. 5-21.03. Loud, unnecessary and unusual noise.

   Notwithstanding any other provisions of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue to make or cause to be made or continued, or allow any animal which is kept by that person on the property which is the source of the noise, to make any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

   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 noise when standing on the property line;

   (b)   Whether the nature of the noise is usual or unusual for the approved use of the property;

   (c)   Whether the origin of the noise is natural or unnatural;

   (d)   The level and intensity of the background or ambient noise, if any;

   (e)   The proximity of the noise source to residential sleeping facilities;

   (f)   The nature and zoning of the area within which the noise emanates;

   (g)   The density of the inhabitation of the area within which the noise emanates;

   (h)   The time of the day and night the noise occurs;

   (i)   The duration of the noise;

   (j)   Whether the noise is recurrent, intermittent, or constant; and

   (k)   Whether the noise is produced by a commercial or noncommercial activity.

(§ 2, of Ord. 1085-NS, eff. October 2, 1990, as amended by § 1, Ord 1111-NS, eff. July 25, 1991)