Except for sounds excluded in § 96.05, the term NOISE DISTURBANCE means any of the following sounds:
(A) Injurious or disturbing sounds generally. Any sound which endangers or injures the welfare, safety or health of a human being or disturbs a reasonable human being of normal sensitivities or causes or tends to cause an adverse physiological or physical effect on human beings or devalues or injures property;
(B) Selling by “hawking” or “barking.” The sound of selling by shout or outcry when made within the area of the city-zoned residential or commercial;
(C) Loading and unloading. The sound made by outdoor loading, unloading, opening, closing or handling of boxes, crates, containers, building materials, garbage cans, trash receptacles or similar objects which is received between the hours of 9:00 p.m. and 6:30 a.m. within any area of the city zoned residential or at the real property boundary of residential property;
(D) Engine repairs and testing. The sound made by the repairing, rebuilding, modifying or testing of a motor vehicle or recreational vehicle which is received between the hours of 9:00 p.m. and 6:30 a.m. at the real property boundary of residential property;
(E) Powered model vehicles. The sound made by the operation of a powered model vehicle which is received between the hours of 9:00 p.m. and 6:30 a.m. at the real property boundary of residential property;
(F) Musical instruments. The sound made by a drum, horn, reed instrument, string instrument or other musical instrument or device which is received between the hours of 9:00 p.m. and 6:30 a.m. at the real property boundary of residential property;
(G) Off-road motorcycle and recreational vehicle noise. The sound made on private property or on city-owned property other than a public right-of-way by a motorcycle or recreational vehicle and received between the hours of 9:00 p.m. and 6:30 a.m. at the real property boundary of residential property; provided, however, the sound made by a motorcycle when traveling from private property to a public right-of-way, or vice versa, in pursuance of normal ingress or egress for purposeful transportation is not a noise disturbance unless made so by some provisions of this section other than this division (G);
(H) Construction noise. The sound made by tools or equipment in erection, demolition, excavation drilling or other construction work which is received between the hours of 9:00 p.m. and 6:30 a.m. at the real property boundary of residential property;
(I) Sound equipment. The sound made by sound equipment operated upon the public right-of-way or in any building or upon any premises, public or private, if plainly audible from any public right-of-way within the city between the hours of 9:00 p.m. and 6:30 a.m. or upon any school grounds or in any school zone during normal school hours;
(J) Racing. The sound made by a motor vehicle or recreational vehicle on private property or public right-of-way during any racing event or time trial, whether organized or unorganized;
(K) Screeching tires. The sound made by the intentional screeching or squealing of the tires of a motor vehicle in areas of the city zoned residential or commercial;
(L) Noisy exhaust system. The sound made by a motor vehicle or a recreational vehicle whose exhaust system has been modified by the installation of a muffler cut-out or bypass;
(M) Lawn and garden equipment. The sound emitted by motor-powered, muffler-equipped lawn and garden equipment operated between the hours of 9:00 p.m. and 6:30 a.m.; and
(N) Chain saws. The sound emitted by motor-powered tree trimming equipment operated between the hours of 9:00 p.m. and 6:30 a.m.
(1999 Code, § 48.04) (Ord. 2003-25, passed 11-11-2003)