(A) No person shall allow, make or cause to be made any unreasonably loud, disturbing and unnecessary noise within the limits of the city, which is offensive or which causes material distress, discomfort, or injury to an adult person of ordinary sensibilities in the immediate vicinity thereof, or any noise of such character, intensity, and continued duration which renders the enjoyment of life or property uncomfortable or interferes with the public peace, and such noise is hereby declared to be a nuisance..
(B) The following activities and the activities described in § 90.122, among others but not to exclude other such acts, are declared to come into the purview of this subchapter and to be nuisances within the meaning hereof:
(1) Animals. Owning, keeping, possessing, or harboring any animal or animals which, by causing frequent or long continued noise, disturb or interfere with the peace, comfort, or repose of neighboring residents, or cause a disturbance. The provision of this section shall apply to all public and private facilities including any animal shelter or commercial kennel, which holds or treats animals.
(2) Radios, television sets, musical instruments, phonographs and similar devices.
(a) The using, operating or permitting to be played, used or operated any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and amplifiers or other machine or device for the production or reproduction of sound in such a manner as to violate the noise disturbance.
(b) The operation of any such radio, instrument, phonograph, television set, loud speakers or similar device in such a manner as to be plainly audible at a distance of 50 feet from the building structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section.
(3) Yelling, shouting, etc. The yelling, shouting, crying, hooting, whistling or singing of peddlers, hawkers or any other person in a manner that causes a noise disturbance.
(4) Construction work. Operating or permitting to be operated any equipment used in construction, repair alteration or demolition work on buildings, structures, streets, alleys or appurtenances.
(5) Vehicles and motorcycles. The repairing, rebuilding, modifying or testing of any motor vehicle (including off-road vehicles) or watercraft on private property, on a public right-of-way, on a public space, in such a manner as to create loud or unnecessary noises, such as spinning or squealing of tires, grating, grinding, rattling, or other noises, between the hours of 10:00 p.m. and 7:00 a.m. the following day shall be deemed a violation of this section.
(6) Vibration. Using or causing the use of any device that creates any ground vibration which is perceptible without instruments at any point on or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way.
(7) Engine brake. The operation and use of auxiliary or compression engine, Jake, or motor brakes that produce noise in addition to the normal operating engine noise within the city is prohibited and deemed a violation of this section. This provision is not intended to prohibit the passage of vehicles equipped with engine brakes or "Jake brakes" through the city but rather prohibit the use of such equipment within the city limits during non-emergency situations.
(Ord. 2015-001, passed 3-18-2015)