(A) No person, being the owner, occupant or person in charge of any premises or business establishment or organization in the city, shall permit or neglectfully allow the making of, or continuation of, unreasonable noise or loud sounds on their premises which causes inconvenience, annoyance or alarm to a person or persons off their premises. It is prima facie unlawful for a person, business establishment or organization in the city to permit or neglectfully allow the making of, or continuation of, unreasonable noise or loud sounds in the following circumstances:
(1) General hours. In any residentially zoned property between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 11:00 p.m. and 8:00 a.m. on weekends. In any multi- family premises between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 11:00 p.m. and 8:00 a.m. on weekends where the sound is audible beyond the unit from where the source of the sound is generated.
(2) Residential tools, equipment or machinery. Use or operation of any sound producing residential tool, equipment or machine between the hours of 9:00 p.m. and 7:00 a.m. weekdays and 9:00 p.m. and 8:00 a.m. on weekends.
(B) Exemptions. The following sounds are exempt from the prohibitions of this section:
(1) Aircraft. Sounds originating from aircraft in preparation of flight, flight or landings.
(2) Emergencies. Sounds created by sirens, horns or signaling devices during emergencies where the prohibition of such sounds would defeat the safety intent of the device or during the testing of emergency systems or equipment.
(3) Alarms. Sounds created by fire, security or other warning devices intended to provide public warning of potentially hazardous, emergency or illegal activities of not more than ten minutes in duration per incident or activation.
(4) Public and private utilities. Sounds created or originating from equipment or vehicles used in the provision of utility services including gas, electric, communications, water, wastewater and sanitation services.
(5) Emergency repairs and work. Sounds created or originating from equipment or vehicles used in association with emergency repairs and work, including any of the following:
(a) Work required repairing or restoring property to a safe condition following an emergency or disaster;
(b) Work required protecting persons or property from imminent danger;
(c) Work required by private or public utilities to provide or restore utility services in the interests of the general health, safety or welfare of the community;
(d) Work necessary to address other emergency needs as determined by the Mayor, Director of Public Service or Director of Public Safety.
(6) Construction and development activity. All construction and development activities or associated operations of heavy equipment between the hours of 7:00 a.m. and 9:00 p.m. weekdays, and between the hours of 7:00 a.m. and 5:00 p.m. on Saturdays. All construction and development activities or associated operations of heavy equipment on Sundays or holidays observed by the city are prohibited.
(a) Exceptions. The Mayor, Director of Public Service or Director of Public Safety may authorize by written permission persons or entities to engage in construction and development activities or associated operations of heavy equipment, during hours normally prohibited by division (B)(6) provided:
1. The construction and development activities or associated operations of heavy equipment, are deemed essential or necessary; or
2. Where the immediate compliance with the requirements of this section cannot be achieved because of special circumstances rendering compliance unreasonable; and
3. The Mayor, Director of Public Service or Director of Public Safety may attach conditions to the authorization necessary to protect the public health, safety and welfare.
(7) Industrial and commercial land use zones. Sounds created or originating from industrial or commercial businesses or associated facilities normally operating during prohibited hours within industrial or commercial zones. For industrial or commercial businesses with facilities operating during prohibited hours and located near or adjacent to residential land use zones, reasonable practices should be employed to limit noise that causes inconvenience, annoyance or alarm to any person or persons located off their premises.
(8) Bells, chimes and carillons. A sound created or originating from bells, chimes and carillons not operating for more than five minutes during any one-hour time frame.
(9) Public assemblies and events. A sound created or originating from lawful and permitted pickets, marches, parades, rallies, community events and other similar public school or municipal-authorized assemblies, programs, activities displays or functions.
(C) Any law enforcement officer and/or city building official in coordination with law enforcement shall have the power to enforce this section. Whoever violates this section is guilty of a minor misdemeanor, except that if the offender persists in this violation after reasonable warning or request to desist, the violation is a misdemeanor of the fourth degree. Each occurrence of offense shall constitute a separate offense. If the offender has been convicted of two or more violations of this section within 12 months, a violation of this section is a misdemeanor of the third degree.
(D) Definitions. As used in this section:
EQUIPMENT. Any device or any part thereof capable of generating sound.
HEAVY EQUIPMENT. Any large piece of machinery or vehicles used in the construction or building industries.
NOISE. Any sound in terms of intensity, duration and character from any and all sources which causes inconvenience, annoyance or alarm to a person or persons.
RESIDENTIAL TOOLS, EQUIPMENT AND MACHINES. Any outdoor power equipment, tools or machines typically used in the temporary or periodic maintenance and repair of grounds, buildings or appurtenances of any residentially zoned property including but not limited to lawnmowers, blowers, trimmers, edgers, powered hand tools, pressure washers, generators, excluding snow removal equipment.
(‘65 Code, § 509.09) (Ord. 86-80, passed 11-4-80; Am. Ord. 19-070, passed 10-1-19) Penalty, see § 130.99