(A) This section shall apply to the control of all noise within the city limits, as they exist now or may hereafter be established.
(B) The following acts, uses or noises, among others, subject to specific exemptions, are declared to be loud, raucous or disturbing noises in violation of this section. Such enumeration shall not be deemed to be exclusive:
(1) Using, operating or permitting to be played, used or operated any machine or device for the producing of sound (including, but not limited to, loud music) in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or property in which such machine or device is operated and who is a voluntary listener.
(2) Using, operating, or permitting the use or operation of any machine, instrument or device capable of producing or reproducing of sound which is cast upon other properties including the public right-of-way for the purposes of commercial advertising or to attract attention to any activity, performance, sale, place or structure.
(3) Using, operating or permitting the use or operation of any machine, instrument or device capable of producing or reproducing any sound on any public transportation vehicle.
(4) Using, operating or permitting to be played, used or operated any machine or device for the producing or reproducing of sound on any public right-of-way adjacent to any school, institution of higher learning, church or court while the same are in use, or adjacent to any hospital which unreasonably interferes with the working of such institution, or which unduly disturbs the patients in the hospital.
(C) No person shall play, use, operate or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, if it is located in or on any of the following:
(1) Any public property, including any public right-of-way, highway, building, sidewalk, park or thoroughfare, if the sound generated is audible at a distance of 50 feet from its source;
(2) Any motor vehicle on a public right-of-way, highway, or public space if the sound generated is audible at a distance of 50 feet from the device producing the sound.
(D) The following acts are declared to be a public nuisance, but the enumeration of the particular offenses hereinafter particularly defined shall not be construed as limiting the generality of this section, or limiting the offense hereunder to the particular offense hereinafter enumerated:
(1) The continuous or repeated sounding of any horn or signal device of a motor vehicle when not used as a danger signal. Continuous shall be defined to include unnecessary or unreasonable periods of time.
(2) The use of any motor vehicle with appurtenances attached thereto so as to create loud or unnecessary grating, grinding, rattling or other noise.
(3) The use of any motor vehicle with or without the attachment of various appurtenances thereto so as to create loud or unnecessary grating, grinding, rattling, or other noise or noises. This shall include the use of any vehicle said use of which causes excessive noise as a result of a defective or modified exhaust system, or as a result of unnecessary rapid acceleration, decelerations, revving the engine, or tire squeal.
(E) The following shall be exempted from the provisions of this section:
(1) Sound emitted from sirens of authorized emergency vehicles.
(2) Farm tractors, garden tractors, and similar home power tools when properly muffled, between the hours of 7:00 a.m. and 9:00 p.m.
(3) Burglar alarms or other warning devices when properly installed on publicly or privately owned property, providing the cause for such alarm warning device sound is investigated and turned off within a reasonable period of time.
(4) Otherwise lawful celebrations on legal holidays.
(5) Permitted parades or public festivals, between the hours of 8:00 a.m. and 12:00 midnight, Sunday through Thursday; and between 8:00 a.m. and 1:00 a.m., Friday through Sunday.
(6) Attendant noise connected with the actual performance of athletic or sporting events and practices related to them.
(7) The emission of sound for the purpose of alerting persons to the existence of an emergency, or for the performance of emergency work.
(8) Sounds associated with normal conduction of a legally established non-transient business when such sounds are customary, incidental and within the normal range appropriate for such use.
(9) In the case of motor vehicles, where the noise is the result of a defective or modified exhaust system, if the cause is repaired or otherwise remedied within ten calendar days.
(Ord. G-16-1338, passed 7-18-16)