§ 34-153. Unlawful noise.

(a)

Prohibited. It is unlawful for any person to engage or participate in the making of unreasonable, excessive, or unusually loud noise within the city so as to annoy or disturb the quiet, comfort, or repose of a reasonable person of normal sensitivities, or to injure or endanger the health, peace, or safety of the public.

(b)

Violations. The following nonexclusive list of acts, among others, are declared to be unlawful noises in violation of this article:

(1)

Radios, phonographs, and musical instruments. Operating, playing, or permitting the operating or playing of any radio, phonograph, television set, amplified or unamplified musical instrument, drum, loudspeaker, tape recorder, or other sound-producing device, in such a manner or with such volume at any time or place so as to annoy or disturb the quiet, comfort, or repose of a reasonable person of normal sensitivities in any office, dwelling, hotel, hospital, or residence. The operation of any such set, instrument, phonograph, machine, or device in such a manner as to be plainly audible on real property or in a dwelling unit other than that from which the noise originates or emanates is prima facie evidence of a violation of this section.

(2)

Shouting and whistling. Yelling, shouting, hooting, whistling, singing, or making any other loud noises on the public streets, sidewalks, bike pathways, or other streets or paths within the city, between the hours of 11:00 p.m. and 7:00 a.m. the following day, or the making of any such noise at any time or place so as to annoy or disturb the quiet, comfort, or repose of a reasonable person of normal sensitivities in any office, dwelling, hotel, hospital, or residence.

(3)

Animals and birds. Owning, possessing, or harboring any animal or bird that frequently or for continued duration howls, barks, meows, squawks, or makes other sounds at any time or place so as to annoy or disturb the quiet, comfort, or repose of a reasonable person of normal sensitivities in any office, dwelling, hotel, hospital, or residence.

(4)

Construction. Unless a variance therefor is first obtained from the city administrator, the operating or permitting the operation of any tools or equipment used in construction, excavation, demolition, alteration, or repair of any building, street, or highway, between the hours of sundown and 7:00 a.m. the following day, such that the sound therefrom is plainly audible in any dwelling, hotel, hospital, office, or residence, or on any residential property other than the property from which the noise emanates or originates, so as to annoy or disturb the quiet, comfort, or repose of a person of normal sensitivities in any office, dwelling, hotel, hospital, or residence.

(5)

Engines. Operating or permitting the operation of any steam engine or internal combustion engine, whether stationary or mobile, in such a manner so as to annoy or disturb the quiet, comfort, or repose of a reasonable person of normal sensitivities in any office, dwelling, hotel, hospital, or residence. This subsection does not prohibit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, snowblower, or similar device used outdoors in residential areas between the hours of 7:00 a.m. and 9:00 p.m. the same day, and does not prohibit the operation of a state-licensed motor vehicle in a manner expressly permitted by state law.

(6)

Schools, hospitals, churches, government buildings. Creating or maintaining any noise that annoys or disturbs the quiet, comfort, or repose of a person of normal sensitivities in any school, church, hospital, governmental office, or court.

(7)

Automobile, motorcycle, or motorized vehicles. Operating any automobile, motorcycle, or other motorized vehicle that is so out of repair or is in such a condition as to cause loud grating, grinding, rattling, or exhaust noise that annoys or disturbs the quiet, comfort, or repose of a person of normal sensitivities in any office, dwelling, hotel, hospital, or residence. Also, the modification of any noise abatement device (such as an exhaust system) on a motor vehicle or engine, or the failure to maintain such an abatement device such that the failure causes noise to be emitted therefrom at a level beyond that normally emitted by such a vehicle or engine with the abatement device as originally manufactured, shall constitute a violation of this section if it annoys or disturbs the quiet, comfort, or repose of a person of normal sensitivities in any office, dwelling, hotel, hospital, or residence.

(8)

Horns. Sounding of any horn or other similar device on a motor vehicle so as to annoy or disturb the quiet, comfort, or repose of a person of normal sensitivities in any office, dwelling, hotel, hospital, or residence, unless such is necessary to operate the vehicle safely or as required by the state motor vehicle code or another pertinent local ordinance.

(9)

Loading, unloading, or repairing vehicles or carriers. Creating a noise in connection with the operation, loading, or unloading of any vehicle, trailer, railroad car, or other carrier, or in connection with the repair of any such vehicle, trailer, railroad car, or other carrier, so as to annoy or disturb the quiet, comfort, or repose of a person of normal sensitivities in any office, dwelling, hotel, hospital, or residence.

(10)

Amplifying devices in motor vehicles. Operating any loudspeaker, amplifier, bullhorn, or other instrument or sound amplifying device upon any vehicle on a public street or way to advertise, promote, announce, or accomplish any other commercial purpose in such a way as to annoy or disturb the quiet, comfort, or repose of a person of normal sensitivities in any office, dwelling, hotel, hospital, or residence.

(11)

Machinery, mechanical equipment. Operating any machinery, equipment, or mechanical device so as to annoy or disturb the quiet, comfort, or repose of a person of normal sensitivities in any office, dwelling, hotel, hospital, or residence.

(12)

Devices to attract attention. Operating or using any drum, bullhorn, amplifier, loudspeaker, or other instrument or device to attract attention in such a way as to annoy or disturb the quiet, comfort, or repose of a person of normal sensitivities in any office, dwelling, hotel, hospital, or residence.

(Ord. No. 421, § 4A,B, 5-27-2003)