§ 133.01  UNNECESSARY NOISE.
   (A)   General rule.
      (1)   No person shall make, continue, permit or cause to be made or continued any loud, unnecessary or unusual noise or any noise within the city that would be likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities.
      (2)   The following non-exclusive characteristics and conditions shall be considered in determining whether a noise is loud, disturbing or excessive for the purposes of this section:
         (a)   The time of day or night the noise occurs;
         (b)   The duration or recurrence of the noise;
         (c)   The proximity of the noise source to any location, such that it is reasonably likely to interfere with the peace, quiet, repose or operation of that property;
         (d)   The number of people and their activities that are affected or likely to be affected by the noise;
         (e)   The land use, nature and zoning of the area from which the noise emanates and the area where it is perceived; and
         (f)   The sound level, if known, in comparison to the level of ambient noise.
   (B)   Participation in noisy gatherings.
      (1)   Between the hours of 10:00 p.m. and 7:00 a.m., no person shall congregate or participate in any party or gathering of people from which noise emanates of sufficient volume to unreasonably disturb the peace, quiet or repose of other persons, except as allowed by the city.
      (2)   A police officer may order all persons present at the party or gathering other than the owners, residents or tenants to immediately disperse. Any person who refuses to leave after being ordered to do so is guilty of a violation of this section.
      (3)   Owner’s responsibility:
         (a)   Any owner, tenant or resident of the building or place who has legal authority to control the activities at the building or place and who knows or has reason to know of the disturbance and fails to immediately take reasonable steps to abate the disturbance is guilty of violating this section; and
         (b)   Any owner, tenant or resident of the building or place who knows or has been notified of a pattern of disturbances and fails to immediately take reasonable steps to abate the disturbances is guilty of violating this section.
   (C)   Amplified sound. Between the hours of 10:00 p.m. and 7:00 a.m., no person shall operate a sound amplification device, unless otherwise allowed by law or specifically permitted by approved permit or license, that would reasonably disturb or interfere with the peace or safety of a reasonable person of ordinary sensibilities.
   (D)   Motor vehicles.
      (1)   General rule. No person shall use any car, truck, motorcycle, motorboat, all-terrain vehicle, snowmobile, recreational vehicle or other motor vehicle in such a way that causes a disturbance or an annoyance to a reasonable person of ordinary sensibilities present in the area.
      (2)   Amplified sound from motor vehicles. No person shall operate or permit operation of a device used for the amplification of sound from a motor vehicle, when the sound is audible above the level of conversational speech and causes a disturbance or an annoyance to a reasonable person of ordinary sensibilities present in the area of the motor vehicle. Any person who has care or control of the motor vehicle with the operating device, whether or not the owner, is guilty of a violation of this section. Any person who assists with the amplification of sound is guilty of violating this section.
   (E)   Power equipment. Between the hours of 10:00 p.m. and 7:00 a.m., in a residential zoning district, no person shall operate power equipment or other similar power maintenance equipment that would cause a disturbance or an annoyance to a reasonable person of ordinary sensibilities present in the area.
   (F)   Refuse hauling and recycling collection. Between the hours of 10:00 p.m. and 6:00 a.m. on any weekday, and between the hours of 9:00 p.m. and 9:00 a.m. on any weekend or holiday, no person shall collect or remove garbage or recyclables in a residential zoning district or any commercial or industrial district that is located within 500 feet of a residential zoning district.
   (G)   Construction activities. Between the hours of 9:00 p.m. and 7:00 a.m., Monday through Saturday and all day on a legal holiday, no person shall engage in or permit construction activities which would cause a disturbance or an annoyance to a reasonable person of ordinary sensibilities present in the area. If hours are otherwise designated in the building permit, the building permit shall prevail.
   (H)   Animal noise. Animal noise is regulated by § 90.07.
   (I)   Exemptions. The following activities are specifically exempted from the provisions of this section:
      (1)   Emergency public works repair or construction;
      (2)   Public works construction and maintenance by federal, state, county or city authorities or their contractors and sub-contractors, as approved by the City Engineer;
      (3)   Snow removal activities; and
      (4)   All activities and land uses with specific hours of operation that are regulated and approved by the city through a licensing, permitting or zoning process; however, even if the activity or land use is operating within the approved hours of operation, the activity and land use cannot annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of ordinary sensibilities.
(2001 Code, § 2005.02)  (Ord. 12-13, passed - -; Ord. 19-12, passed 7-22-2019)