(A) General prohibition. It is unlawful for any person to make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any person or precludes their enjoyment of property or affects their property’s value. This general prohibition is not limited by the specific restriction of the divisions (B) through (J) below.
(B) Horns and audible signaling devices. It is unlawful for any person to sound any audible signaling device on any vehicle except as a warning of danger.
(C) Radios, phonographs, and paging systems.
(1) It is unlawful for any person to use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production of sound in a distinct and loudly audible manner as to disturb the peace, quiet, and comfort of any person beyond the boundaries of the property on which it is located between the hours of 9:00 p.m. and 7:00 a.m.
(2) For the purpose of this division (C), the following definition shall apply unless the context clearly indicates or requires a different meaning.
BOUNDARIES OF THE PROPERTY ON WHICH IT IS LOCATED. In the case of a single occupant of real estate, the perimeter thereof, and in the case of multiple occupancy, the compact and contiguous area under the exclusive control of the occupant.
(D) Noisy gatherings; participants and owners. It is unlawful for any person or persons to congregate on any private lands because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature as to disturb the peace, quiet, or repose of other persons. Any owner or person in lawful possession or control of such private lands who has knowledge of the disturbance and fails to immediately abate said disturbance shall be guilty of a violation of this section.
(E) Gatherings; permission required.
(1) It is unlawful for any person or persons to congregate on any private lands of another because of, or participate in, any party or gathering of people in the absence of the owner of said private lands, without first having obtained written permission from said landowner. Such written permission shall at all times be in the possession of one or more persons at the site of such congregation. The document containing the written permission must bear the signature of the landowner and date of the permitted use.
(2) Failure to display written permission upon request shall be considered prima facie evidence of an absence of permission from the owner.
(F) Police authority. A violation of divisions (D) or (E) above shall give a police officer the authority to order all persons present, other than persons identifying themselves as the owner or person in lawful possession or control of such land to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
(G) Loudspeakers or amplifiers for advertising.
(1) It is unlawful for any person to operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public property for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle, except as may be allowed by permit.
(2) A permit for the use or operation of such a loudspeaker, sound amplifier or other device for the production or reproduction of sound on a street or other public property for the purpose of commercial advertising or attracting attention of the public to any commercial establishment between the hours of 7:00 a.m. to 9:00 p.m. may be obtained from the City Administrator. Such a permit will be granted only if the City Administrator is satisfied such use will not unreasonably annoy or disturb any person or persons in any adjacent residential areas.
(H) Schools, churches, hospitals or nursing homes. It is unlawful for any person to create any excessive noise on a street or public property adjacent to any school, institution of learning, church, hospital, or nursing home when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents or when conspicuous signs indicate the presence of such institution.
(I) Hourly restriction on certain operations; domestic power equipment.
(1) It is unlawful for any person to operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. to 10:00 p.m. on any weekday or between the hours of 9:00 a.m. to 9:00 p.m. on any Saturday, Sunday or legal holiday.
(2) Snow removal equipment is exempt from this provision.
(J) Noise impact statements.
(1) The Council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation, or alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the Council.
(2) It shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested.
(2006 Code, § 10.74) (Ord. 40, 3rd Series, passed 5-30-1984) Penalty, see § 130.99