§ 52.52 PROHIBITED NOISE.
   The following acts are prohibited:
   52.52(A)   Engines.
   52.52(A)(1)   Exhaust. The discharge into the open air of the exhaust of any stationary internal combustion engine except through a muffler or other device that will effectively prevent Loud and Raucous Noises therefrom.
   52.52(A)(2)   Pile drivers; restricted hours. The operation between the hours of 6:00 p.m. and 8:00 a.m. on any day or at any time on Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day of any pile driver, pneumatic hammer, derrick, dredge, electric hoist, or other appliance, the use of which is attended by Loud and Raucous Noise.
   52.52(A)(3)   Blowers. The operation of any blower or power fan or any internal combustion engine, the operation of which causes Loud and Raucous Noise, unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device sufficient to prevent Loud and Raucous Noise.
   52.52(B)   Horns and signaling devices. The sounding of any horn, whistle, or other audible signaling device so as to create a Loud and Raucous Noise.
   52.52(C)   Televisions, radios, amplifiers, and phonographs. The using or operating of, or permitting to be played, used, or operated, any television, radio, amplifier, musical instrument, phonograph, or other device for the producing or reproducing of sound in such manner as to cause Loud and Raucous Noise.
   52.52(D)   Sound devices for advertising purposes. The operation in the of any radio, television, or other musical or mechanical instrument or device of any kind whereby the sounds therefrom are cast directly upon public Streets and places and where such devices are maintained and operated for advertising purposes or for the purpose of attracting the passing public and that are so placed in any moving or non-moving wagon, truck, vehicle, or aircraft or in any stationary location whereby announcements or broadcasts are made, or music is played, unless a permit therefor shall have been granted by the .
   52.52(D)(1)   Any desiring a permit shall make application to the for such permit. The application shall be accompanied by an application fee, the amount of which shall be set by resolution of the . If it shall appear to the that the issuance of such permit will not adversely affect the peace and quiet of the inhabitants of the , or will not create a hazard, or will not be otherwise detrimental to the public safety, such permit shall be issued.
   52.52(D)(2)   The is hereby given the power and authority to designate, if any permit is granted, the conditions of such permit, and such conditions shall be imposed so that the peace and quiet of the inhabitants of the and public safety shall not be interfered with.
   52.52(D)(3)   If any should be granted a permit in accordance with this Section and shall violate the terms and conditions thereof, the is hereby authorized to revoke the permit.
   52.52(E)   Yelling and shouting. Yelling, shouting, whistling, or singing at any time or place so as to create a Loud and Raucous Noise between the hours of 10:00 p.m. and 7:00 a.m. the following day, on any day.
   52.52(F)    and birds. The keeping of any , bird, or fowl that causes frequent or continued Loud and Raucous Noise.
   52.52(G)   Defect in vehicle or load. The use of any so out of repair, so loaded, or in such manner as to create loud grating, grinding, rattling, or other Loud and Raucous Noise or that is not equipped with a muffler in good working order and in constant operation so as to prevent Loud and Raucous Noise.
   52.52(H)   Noises to attract attention. The use of any drum or other instrument or device to create a Loud and Raucous Noise.
   52.52(I)   Vehicle horns. The sounding of any horn or signal device, including anti-theft alarms, on any automobile, motorcycle, bus, or other vehicle: while not in motion, except as a danger signal if another vehicle is approaching apparently out of control; or while in motion, except as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended. The sounding of any horn or signal device, including anti-theft alarms, on any vehicle whether or not in motion for an unnecessary and unreasonable period of time is hereby declared to be a Loud and Raucous Noise.
   52.52(J)    or repairing of or site . The erection (including Excavating), demolition, alteration, or repair of any so as to create a Loud and Raucous Noise other than between the hours of 7:00 a.m. and 7:00 p.m. on any weekday or Saturday, except for the or repair of or site within a Zoning District. Such activity is prohibited on Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day. In case of urgent necessity in the interest of public health and safety, a permit to allow activity prohibited by this Section may be granted by the for a period not to exceed three working days or less while the emergency continues. Such permit may be renewed for successive periods of three days or less while the emergency continues. If the should determine that the public health and safety necessitates the issuance of such a permit and will not be unduly impaired by the erection, demolition, alteration, or repair of any or the of Streets and within the hours of 7:00 p.m. and 7:00 a.m. of the following day, or on Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day, he or she may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work.
   52.52(K)   Music. No licensed under the beverage shall allow or permit, between the hours of 11:00 p.m. and 7:00 a.m. the following morning, instrumental music whether live from musicians or from recordings, singing, or other forms of entertainment in any room where beers, wines, Liquors, or other are sold or offered for sale, indoors or , except when such room is soundproofed in order that the sounds therefrom may not disrupt the peace and quiet of the neighborhood. It is intended hereby that in soundproofed rooms music, singing, and other forms of entertainment may be conducted during the hours that may be sold in accordance with §§ 83.01et seq.
   52.52(L)   Pool pumps, fans, and air conditioners. It shall be unlawful to create any excessive and unnecessary Loud and Raucous Noise by the use or operation of any noise-creating air conditioner or compressor unit, the operation of which causes such excessive and unnecessary Loud and Raucous Noise, unless such noise is muffled and deadened by adequate noise suppression and muffling devices to eliminate annoyance and disturbance to within the range of hearing.
   52.52(M)   Loading, unloading, unpacking. It shall be unlawful for any engaged in loading, unloading, packing, unpacking, or opening crates, boxes, or containers, including, without limitation, the loading or unloading of any or truck onto any truck transport to create excessive and unnecessary Loud and Raucous Noises. It shall further be unlawful to leave diesel-powered or other engines idling, thereby creating Loud and Raucous Noises, between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
   52.52(N)    Amusements. It shall be unlawful for the of any amusement or any employed at any such place to operate or conduct such business between the hours of 10:00 p.m. and 7:00 a.m. of each day, whereby Loud and Raucous Noise emitting therefrom disturbs the peace and quiet of of any occupied .
   52.52(O)    . It shall be unlawful for the of any located within 300 feet of any inhabited , hospital or in the , or any employed thereat, to carry on or conduct any business that causes Loud and Raucous Noises between the hours of 11:00 p.m. and 6:00 a.m. of each day.
(Ord. 2010-12, passed 10-4-2010; Am. Ord. 2014-03, passed 2-3-2014)