(A) Loud noises. No person shall make, continue, or cause to be made or continued any loud, raucous, improper, unreasonable, offensive or unusual noise which disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the city.
(B) Prohibited noises. The following acts, among others, are declared to be loud, raucous, or disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or signaling device on any motor vehicle on any street or public place except as a danger warning; the creation by means of any such signaling device of any unreasonably loud and raucous sound; and any such signaling device for an unreasonable period of time. The use of any signaling device except one operated by hand, electricity, or automatically when a vehicle is in reverse; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
(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 disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time louder volume than is necessary for convenient hearing for the person who is in the room, vehicle, or chamber in which such machine or device is operated, and who is a voluntary listener. The operation of any such set, instrument, phonograph, machine, or device, in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, person, or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) Using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing of sound 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, hooting, whistling, or singing on the public streets, at 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 person in the vicinity.
(5) The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity.
(6) The 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.
(7) The use of any motor vehicle so out of repair, so loaded, or in such a manner as to create loud and unnecessary engine noise, grating, grinding, rattling, or other noise.
(8) The operation of any motor vehicle in such a manner as to create excessive noise such as squealing of tires or other noise unrelated to engine noise or normal operation and noise created by unnecessary grinding, rattling, or other vehicle disrepair.
(9) The operation between the hours of 9:00 p.m. and 6:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by loud or unusual noise.
(10) The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes loud and raucous 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.
(11) Any noise that exceeds a noise level of 83 dB(A) based on a distance from the noise source of not less than 15 feet or any noise that can be heard more than 50 feet from its source and is inherently obnoxious or patently offensive shall be prima facie evidence of a noise prohibited by § 94.41. Noise that creates less decibels than 83 dB(A) from 15 feet also constitutes noise prohibited by § 94.41 if such noise otherwise constitutes a prohibited noise stated at § 94.41. Further, there is not any decibel measurement requirement to prove the existence of a noise prohibited by § 94.41.
(C) No person shall keep any animal, other than a service animal lawfully used by a handicapped person to accommodate his/her handicap, which, by causing frequent or long-continuing noise that is audible 50 feet or more from its source when the animal is on public property or 50 feet or more outside of a private property line when the animal is on private property, and disturbs the comfort or repose of any other person.
(Ord. 2006-11, passed 6-5-06) Penalty, see § 94.99