The emission of noise which is noxious enough to destroy the enjoyment of dwellings or other uses of property in the vicinity by interfering with the ordinary comforts of human existence shall be unlawful;
(A) Noise control. No person shall make, continue, or cause to be made or continued, any loud, unnecessary, or unusual noise or any noise that either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the city. The following loud, disturbing, and unnecessary noises are considered public nuisances and violations of this code, but said list shall not be deemed all-inclusive:
(1) Horns, signaling devices.
(a) The sounding of any horn or signaling device on any motor vehicle or on any street or public place in the city, except as a danger warning, when such horn or signaling device is:
1. Unreasonably loud or harsh;
2. Sounded for an unnecessary and unreasonable period of time;
3. Operated by a means other than by hand or electricity, including a device operated by engine exhaust; or
4. Used when traffic is for any reason delayed or held up.
(b) This section does not apply to locomotives or trains.
(2) Radios, stereos and other devices. The use or operation, or permitting the use or operation, of any radio, receiver, stereo, speaker, amplifier, television, musical instrument, phonograph, computer, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of neighbors or other persons with volume louder than is necessary for convenient hearing of person(s) who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto is prohibited. The operations of any such radio, receiver, stereo, speaker, amplifier, television, musical instrument, phonograph, instrument, or other machine, or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of ten (10) feet from building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section. The operation of any such set, instrument, phonograph, machine, or device at all other times in such a manner as to be plainly audible at a distance of seventy-five (75) feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) Loudspeakers, amplifiers for advertising. The use or operation, or permitting the use or operation, of any radio, receiver, stereo, speaker, amplifier, television, musical instrument, phonograph, computer, 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 is prohibited.
(4) Yelling, shouting. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel, or other type of residence, or of any persons in the vicinity, is prohibited.
(5) Animals, birds. The keeping of any animal or bird that causes frequent or long continued noise in excess of fifteen (15) minutes that disturbs the comfort or repose of any persons in the vicinity is prohibited.
(6) Whistles, horns. The sounding of any whistle or horn, except when permitted by federal statutes, state statutes or other city ordinances, or the sounding of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, as a warning of fire or danger, or upon request of proper city authorities, is prohibited.
(7) Exhausts. 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 that will effectively prevent loud or explosive noises from the engine, is prohibited.
(8) Defect in vehicle or load. The use of any motor vehicle, railroad train, or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise is prohibited.
(9) Loading, unloading, opening boxes and shipping vessels. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or shipping vessels, or the opening or destruction of bales, boxes, crates, and containers, or metal material or piping of any kind is prohibited.
(10) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while such place is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, is prohibited, provided conspicuous signs are displayed in the streets indicating the institutions are nearby.
(11) Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors, which disturbs the peace and quiet of the neighborhood, is prohibited.
(B) Excessive noises designated by distance.
(1) No person shall cause any excessive sound or noise that can be heard from a distance of seventy-five (75) feet away from the source of the sound or noise.
(2) If the sound or noise involves a radio, stereo or other item as indicated in division (A)(2) above, the provisions of that section shall apply.
(C) Exemptions. The following sounds are exempt from the provisions of this chapter:
(1) Sounds caused by natural phenomena or wildlife;
(2) Sounds created by emergency equipment and work necessary for law enforcement or for the health, welfare and safety of the community;
(3) Sounds created by portable generators during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage;
(4) Sounds created by stationary generators at any property line during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage: institutions with stationary generators may conduct any required testing during the hours of 7:00 a.m. and 6:00 p.m.;
(5) Sounds originating from aircraft in flight;
(6) Sounds created by safety and protective warning devices where noise suppression would render the device ineffective;
(7) Sounds created by bells, chimes and carillons not operating continuously for more than five (5) minutes in any one (1) hour;
(8) Sounds created by the repair or installation of essential utility services, streets, and sidewalks;
(9) Sounds relating to the repair, addition, or maintenance of existing single-family homes, their grounds, and appurtenances;
(10) Sounds emanating from officially sanctioned parades, festivals, or other civic events;
(11) Sounds emanating from discharge of firearms on legally established shooting ranges;
(12) Amplified sounds that comply with a permit issued by the city;
(13) Sounds created by construction and emanating from construction sites between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and 9:00 a.m. and 6:00 p.m. on Saturdays, which are not legal holidays. Sounds emanating from construction sites on Sundays or legal holidays or outside of the exempt work hours are prohibited. The hours during which sound caused by construction or construction sites may be expanded upon a showing of good cause by an applicant and such expanded hours are authorized by the Mayor or his or her designee;
(14) Sounds originating from public parks, playgrounds, and recreation areas are exempt from the provisions of this chapter during the hours the parks, playgrounds or recreation areas are open for public use;
(15) Institutions with stationary generators that conduct any state required testing during the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday.
(Ord. 2016-12, passed 11-16-2016)