(A) No person shall make, continue, or cause to be made or continued any excessive, disturbing, unnecessary, or unusually loud noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others, within the limits of the city.
(B) Loud, excessive, disturbing, and unnecessary noises in violation of this section include, but are not limited to, the following:
(1) Sounding any home or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; creating any unreasonably loud or harsh sound by means of any such signaling device and the sounding of any such device for an unnecessary and unreasonable period of time;
(2) Using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to be plainly audible at a distance of 15 feet from the building, structure, or vehicle in which it is located; the term PLAINLY AUDIBLE means a person can hear the content of the sound produced by the noise source including, but not limited to, musical rhythms, spoken words, or vocal sounds;
(3) Using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loud-speaker, sound amplifier, or other machine or device for the producing or reproducing of sound from any building, structure, or other stationary source 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;
(4) Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity;
(5) Keeping any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any persons in the vicinity;
(6) Blowing any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of property city authorities;
(7) Discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(8) Use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise;
(9) Creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening or destruction of bales, boxes, crates, and containers;
(10) (a) Erection (including excavation), demolition, alteration, or repair of any building other than between the hours of 8:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may be renewed for periods of three days or less while the emergency continues.
(b) If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 8:00 a.m.,and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of 6:00 p.m. and 8:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work;
(11) Creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same 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;
(12) Shouting and crying of itinerant vendors which disturbs the peace and quiet of the neighborhood;
(13) Use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, or sale;
(14) Operation of any noise-creating blower or power fan or any internal combustion engine the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise;
(15) Operating or permitting the operation of any machinery or motor vehicle which creates a noise exceeding 89 decibels at any adjoining property line from June 1 in any year until the second Saturday in September of any year, both dates inclusive; and
(16) This division (B) shall not be construed to be applicable to any of the following:
(a) The operation of motor vehicles with proper mufflers and other equipment licensed for operation on the highways of this state;
(b) The operation, pursuant to a resolution adopted by the council in cases of emergency, where the welfare of persons or property may be jeopardized by the strict enforcement of the provisions of this section; or
(c) The operation of any equipment owned or contracted for by the state or the city.
(C) This section shall not prohibit religious bodies from playing chimes, bells, carillons, or other religious music.
(Prior Code, § 132.08) (Ord. 94-438, passed 11-1-1994) Penalty, see § 10.99
Statutory reference:
City power to restrain and prohibit unnecessary noise, see 11 O.S. § 22-110