No person shall recklessly cause the following acts, among others which are hereby declared to be loud, disturbing, and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:
(a) Horns and Signaling Devices. The sound of any horn or signaling device on any automobile, motorcycle, trolley coach or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. The use of signaling device, except one operated by hand or electricity; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
(b) Television, Radios, and Electronic Music Device. The use or operation of, or permitting the play, use, or operation of, any television, radio receiving set, musical instrument, electronic music device, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which that machine or device is operated and who are voluntary listeners thereto. The operation of any television, radio, instrument, electronic music device, machine, or device in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the building, structure, or vehicle in which it is located shall be prima-facie evidence of a violation of this paragraph.
(c) Loudspeakers, Amplifiers for Advertising. The use or operation of, or permitting the play, use, or operation of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
(d) Yelling and Shouting. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 12:00 midnight and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of any person in any office or in any dwelling, hotel, or other type of residence, or of any person in the vicinity.
(e) Animals and Birds. The keeping of any animal or bird which, by causing frequent or loud continued noise, shall disturb the comfort or repose of any person in the vicinity.
(f) Steam Whistles. The flowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper municipal authorities.
(g) Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom.
(h) Defect in Vehicle or Load. The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise.
(i) Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.
(j) Construction or Repairing of Buildings. The erection (including excavating), demolition, alteration, or repair of any building, other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Commissioner, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues. If the Building Commissioner determines that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of building or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m., and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for that work to be done between the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.
(k) Schools, Courts, Churches, Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same are in use, or adjacent to any hospital, which noise unreasonably interferes with the workings of that institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in those streets indicating that the same is a school, hospital, or court street.
(l) Hawkers, Peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
(m) Drums. The use of any drum or other instrument or device for the purpose of attracting attention to any performance, show, or sale by the creation of noise.
(n) Transportation of Metal Rails, Pillars, and Columns. The transportation of rails, pillars, or columns or iron steel, or other material over and along streets and other public places upon carts, drays, cars, trucks, or in any other manner, or loading the same so as to cause loud noises or disturb the peace and quiet of those streets or other public places.
(o) Pile Drivers and Hammers. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by a loud or unusual noise.
(p) Blowers. The operating of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from that blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.
(Ord. 01-07. Passed 1-16-07.)
MOTOR VEHICLE NOISE CONTROL