§ 91.02 UNLAWFUL ACTS.
   The acts set forth in the following divisions are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but the enumeration shall not be deemed to be exclusive:
   (A)   Horns, signaling devices and the like. The repeated sounding of any horn or signaling device on any automobile, motorcycle or other vehicle, except as a danger warning.
   (B)   Radios, tape and disc players and the like. The using, operating or permitting to be played any radio receiving set, tape or disc player, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner, considering the time and place and the purpose for which the sound is produced, as to disturb the peace, quiet or repose of a person or persons of ordinary sensibilities.
      (1)   The play, use or operation of any radio, tape or disc player, musical instrument, phonograph or other machine or device for the production or reproduction of sound in such a manner as to be plainly audible at a distance of 100 feet from such machine or device shall be prima facie evidence of a violation of this section.
      (2)   When sound violating this section is produced or reproduced by a machine or device that is located in or on a vehicle, the vehicle’s owner is guilty of the violation, provided, however, that if the vehicle’s owner is not present at the time of violation, the person in charge or control of the vehicle at the time of the violation is guilty of the violation.
      (3)   The section shall not apply to sound produced by the following:
         (a)   Amplifying equipment used in connection with activities which are authorized, sponsored or permitted by the city, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity;
         (b)   Church bells, chimes or carillons;
         (c)   School bells;
         (d)   Anti-theft devices;
         (e)   Machines or devices for the production of sound on or in authorized emergency vehicles.
      (4)   With the exception of the machines or devices listed in subsection (3), this section shall apply to all radios, tape and disc players, musical instruments, phonographs and machine and devices for the production or reproduction of sound, whether on public or private property.
   (C)   Loud speakers, amplifiers for advertising. The using, operating or permitting to be played any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing 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.
   (D)   Yelling, shouting and the like. Yelling or shouting 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, motel or other place of residence or of any person in the vicinity.
   (E)   Animals, birds and the like. The keeping of any animal which is causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.
   (F)   Whistles or sirens. The blowing of a locomotive whistle or steam whistle attached to any stationary boiler or any siren whatsoever except to give notice of the time to begin or stop work as a warning of fire or danger, by public emergency vehicles or the city’s time clock whistle.
   (G)   Sound trucks for advertising purposes. The use of sound trucks or any other vehicle equipped with sound amplifying devices for the purposes of advertising any program, project or meeting of any public agency, private business, religious organization, civic group, political party or charitable organization.
   (H)   Construction or repairing of buildings. The erection (including excavation), demolition, alteration or repair of any building between the hours of 9:00 p.m. and 6:00 a.m. on weekdays and all day Sunday, except where single individuals or families work on single-family residences for their own occupancy owned by them, except that the Building Official may, in cases of emergency, grant permission to repair at any time when they find that such repair work will not affect the health and safety of the persons in the vicinity.
   (I)   Pile drivers, hammers and the like. The operation between the hours of 9:00 p.m. and 6:00 a.m. of any pile driver, power shovel, pneumatic hammer, derrick, power or electric hoist or other appliance the use of which is attended by loud or unusual noise.
   (J)   Noisy parties and gatherings.
      (1)   Prohibition. No person shall, between the hours of 11:00 p.m. and 6:00 a.m., congregate at or participate in any party or gathering of two or more people from which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of another person. No person shall knowingly remain at such a noisy party or gathering.
      (2)   Evidence. Noise of such volume as to be clearly audible at a distance of 100 feet from the structure or building in which the party or gathering is occurring, or in the case of an apartment building, in the adjacent hallway or apartment, shall be prima facie evidence of a violation of this section.
      (3)   Duty of disperse. When a public safety officer determines that a party or gathering is in violation of this section, the officer may order all persons present at the premises where the violation is occurring, other than the owner or tenants of the premises, to disperse immediately. No person shall knowingly remain at such a party or gathering.
      (4)   Exceptions. The following are exempt from violation of this section:
         (a)   Activities which are duly authorized, sponsored or licensed by the city, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity;
         (b)   Person who has gone to a party for the sole purpose of abating the violations.
      (5)   Violations. Every owner or tenant of the premises where a party or gathering in violation of this section occurs, who is present at such party or gathering, is guilty of a misdemeanor. Any person who refuses to disperse from a party or gathering in violation of this section after being ordered by a public safety officer to do so is guilty of a misdemeanor.
(Ord. 169.5, passed 4-8-98; Am. Ord. 169.5, passed 6-13-00) Penalty, see § 10.99