"Good Neighbors Keep Their Noise to Themselves"
Yuma, AZ Nuisance Ordinance
(NPC posted this May 2004)
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)