In addition to any other violation of this section, the following acts are specifically declared to be plainly audible unreasonable noise, the creation or emission of which shall be unlawful. The enumeration shall not be deemed to be exclusive:
(A) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal, so as to create any unreasonably loud or harsh sound or the sounding of the device for an unnecessary and unreasonable period of time.
(B) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded, so modified, or driven in such a manner as to be plainly audible upon any reasonable person so as to create unreasonably loud grating, grinding, rattling or other noise.
(C) The use of any gong or siren upon any vehicle other than police, fire, ambulance or other emergency vehicles.
(D) The playing of any sound magnifying device, radio, television, stereo, phonograph amplifier system, tape deck, tape recorder or other musical instrument in such a manner or with such volume, during nighttime hours, as to annoy or disturb the quiet, comfort or repose of any reasonable person in any dwelling, hotel or other type of residence.
(E) The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger.
(F) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent unreasonable noise therefrom.
(G) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced.
(H) The creation or emission of plainly audible unreasonable noise associated with the erection, alteration, substantial repair, or demolition of any building, earth moving activities, street paving or utility construction, in a residential or business district during nighttime hours except in the following instances:
(1) Where the construction as stated above is 1,000 feet from the nearest dwelling, hotel, motel or other type of residence or business establishment.
(2) When the residents of all dwellings, hotels, motels or other types of residences or business establishments located less than 1,000 feet from the construction as stated above give their written permission for the construction to continue at all hours.
(3) Where the construction as stated above, because of the very nature of the construction, must be continuous at all hours or because of either federal or state law or regulation must be continuous at all hours.
(4) Emergency work or construction for the preservation of public health or safety is permitted at any time.
(I) The creation of plainly audible unreasonable noise in connection with loading or unloading any vehicles, or the opening, closing or destruction of bales, boxes, crates and containers.
(J) The creation of plainly audible unreasonable noise in connection with the shouting and crying of peddlers, barkers, hawkers or vendors which disturbs the quiet and peace of the neighborhood. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication, but due to the volume, location, timing or other factors not based on content.
(K) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of plainly audible unreasonable noise to any performance, show or sale or display of merchandise. However, this section does not apply to noise created by devices, bands or musical instruments used in any public parade or public procession, nor to a public fair, public circus or public athletic event.
(L) The conducting, operating or maintaining of any garage or filling station in any residential district so as to cause plainly audible unreasonable noise to be emitted therefrom during nighttime hours.
(M) The firing or discharging of firearms in the streets or elsewhere for the purpose of making noise or disturbance.
(N) The conducting of contests of "turkey shoots" where firearms are discharged in trials of skill and the contestants shoot for turkeys or other prizes, except during daytime hours.
(O) The keeping of any bird, livestock or other animal which by causing frequent or long continued plainly audible unreasonable noise disturbs the comfort or repose of any reasonable person in the vicinity.
(1984 Code, § 2-9-41) (Ord. passed 11-17-1986; Ord. passed 10-4-2004; Res. passed 12-4-2023) Penalty, see §
10.99