"Good Neighbors Keep Their Noise to Themselves"

Chapter 133: Noise Control
Section

     133-01 Exemptions
     133-02 Loud, disturbing, dangerous noises prohibited
     133-03 Disturbing noises defined
     133-99 Penalty

§ 133-01 Exemptions.
     None of the terms or prohibitions in this code relating to noise shall apply to or be enforced against:
     (A) Any vehicle of the city while engaged upon necessary public business.
     (B) Excavations or repairs of bridges, streets or highways by or on behalf of the city or the state, at night, when the public welfare and convenience renders it impossible to perform such work during the day.
     (C) The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character, and which amplifiers or loudspeakers are not used in connection with any moving vehicle.
     (D) The use of a hand-operated device producing not in excess of 70 decibels of sound, "C" scale, measured a distance of 50 feet from the instrument emanating sound from bicycles, pushcarts or other vehicles, or from an amplifier musical system for which a license has been procured under § 73-02 or from vehicles in connection with the sale or display of merchandise; provided, that such devices or musical systems:
          (1) Shall be operated only while the bicycle, pushcart or vehicle is in motion;
          (2) Shall play only pleasing melodies; and
          (3) Shall not be played between the hours of 9:00 p.m. and 10:00 a.m.
('80 Code, § 18-1) (Ord. 1798, passed 12-20-78)

§ 133-02 Loud, Disturbing, Dangerous Noises Prohibited.
     (A) Subject to the provisions of this chapter it shall be unlawful to create any unreasonably loud, disturbing or unnecessary noise within the limits of the city.
     (B) It shall be unlawful to make any noise of such character, intensity or duration as to be detrimental to the life or health of any individual or in disturbance of the public peace and welfare. ('80 Code, § 18-2) (Ord. 1798, passed 12-20-78) Penalty, see § 133-99

§ 133-03 Disturbing Noises Defined.
     The following acts, among others, are declared to be loud, disturbing and unnecessary noises and noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive, namely:
     (A) Blowing horns or signaling devices. The sounding or blowing of any horn or signal device on any automobile, truck, bus, motorcycle or other vehicle while not in motion, except as a danger signal if another vehicle is approaching, apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time.
     B) Radios, phonographs, and the like. The playing of any radio, phonograph or any other musical instrument in such a manner or with such volume, particularly between the hours of 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
     (C) Yelling, shouting, and the like, on streets. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb thequiet, comfort or repose of persons in any hospital, dwelling, hotel or other type of residence, or of persons in the vicinity.
     (D) Pets. The keeping of any animal, bird or fowl which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity.
     (E) Use of vehicles. The use of any automobile, truck, bus, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
     (F) Blowing whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, as a warning of fire or danger or upon request of proper city authorities.
     (G) Exhaust discharge. To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. Provided, however, that the flying of controlled model airplanes, sailing of model boats or racing of model automobiles, having internal combustion engines not to exceed thirty-five hundredths cubic inch piston displacement, when used in the pursuit of a recreation hobby and at such locations as are under the jurisdiction or control of the Parks and Recreation Division of the city and only at such times as may be designated by the Parks Division shall not be deemed to be within the provisions of this division.
     (H) Noises near schools, hospitals, churches, and the like. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the workings or session thereof. Provided, that signs must be displayed in such streets indicating that the same is a school, institution of learning, church, court or hospital.
     (I) Loading and unloading operations. The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
     (J) Loudspeakers or amplifiers on vehicles. The use of mechanical loudspeakers or amplifiers on automobiles, trucks, busses or other moving or standing vehicles for advertising or other purposes.
     (K) Building operations; excavation of streets; permit. The erection (including excavating), demolition, alteration or repair of any building in any residential district or section and the excavation of streets and highways in any residential district or section, other than between the hours of 6:00 a.m. and 7:00 p.m. from the first day of May to and including the 30th day of September and between the hours of 7:00 a.m. and 7:00 p.m. beginning the first day of October to and including the 30th day of April on weekdays, except in case of urgent necessity in the interest of public health and safety and then only with a permit which may be granted for a period not to exceed 30 days, while the emergency continues. If it should be determined that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours specified herein, and if he shall further determine that loss or inconvenience would not result to any party in interest, he may grant permission for such work to be done at times other than specified herein, upon application being made at the time the permit for the work is awarded or during the progress of the work.
     (L) Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, sale or display of merchandise. ('80 Code, § 18-3) (Ord. 1798, passed 12-20-78)

§ 133-99 Penalty.
     Unless otherwise specifically provided for in this chapter, any person or corporation who shall violate any provision of this chapter shall be deemed guilty of a class 3 misdemeanor, and shall be punished as provided in § 10-99 of this code. ('80 Code, § 18-4) (Ord. 2084, passed 9-1-82)