§ 91.01 LOUD NOISE PROHIBITED.
   (A)   It shall be unlawful for any person or persons to willfully make, continue, or cause to be made or continued, any unreasonably loud and disturbing noise of such character, intensity or duration as to be detrimental to the life, health, safety or welfare of an individual, or such noise that constitutes a disturbance of the peace.
   (B)   The use of an amplification device, television, speaker, drum, musical instrument or similar device that produces, reproduces or amplifies sound shall be deemed a loud and disturbing noise if the sound is produced between the hours of 12:00 a.m. (midnight) until 7:00 a.m. for commercially zoned properties and for every other zoning district between the hours of 10:00 p.m. and 7:00 a.m., and is plainly audible a distance of 150 feet or more from any boundary of the property (or in the case of a vehicle related business, from the vehicle itself) upon which the source of the sound is located.
   (C)   Night construction noise. Construction noise from private development construction activity, including but not limited to the use of excavators, bulldozers, backhoes, dump trucks, nail guns and powered equipment, shall be deemed annoying or disturbing to a person, reasonably calculated to disturb the peace and unreasonably offensive and injurious to the public if the sound or noise is produced later than 10:00 p.m. everyday and prior to 6:00 a.m. on all days except Sundays when the "quiet" time shall extend until 9:00 a.m. and such noise plainly audible at or near any residence or apartment within 150 feet of the construction activity.
      (1)   Emergency work or construction activity consisting of emergency work in this chapter shall be permitted if conditions necessitating the emergency work were not foreseeable in advance and if authorized in advance or ratified upon the first available business day by the Mayor or the Mayor's designee if there is not reasonable time to receive authorization in advance.
      (2)   Emergency work in this chapter shall mean any work performed for the purpose of preventing or alleviating the physical harm to a person, property damage threatened or caused by an unforeseeable emergency, or the threat of damage to or inhibiting of construction due to imminent and serious weather conditions that could lead to imminent danger of physical harm or trauma to a person or to property. Emergency work that is exempt from the night construction noise limitations of this provision shall not be allowed on the basis of typical seasonal weather events or in foreseeable situations where weather events have caused construction delays.
   (D)   Plainly audible in this chapter shall mean any sound produced as set forth above which clearly can be heard from inside a dwelling or place of business with the doors and windows closed at a distance of 150 or more feet from any boundary of the property upon which the source of the sound is located. The measurement standard shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernible to be plainly audible, but bass reverberations shall be included.
(Ord. 182, passed 7-6-04; Am. Ord. 2007-08-297, passed 8-7-07; Am. Ord. 2008-06-312, passed 6-3-08; Am. Ord. 2021-04-940, passed 4-6-21)