§ 54-49. Noises prohibited—Unreasonable noise standard.  


Latest version.
  • (a)

    The following acts, among others, are declared to be loud noises which are unreasonably disturbing in violation of this article, but this enumeration shall not be deemed to be exclusive:

    (1)

    Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unreasonable period of time. The use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.

    (2)

    Radios, musical instruments, etc. Between the dates of April 1, to November 1, inclusive, the using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument or other machine or device for the producing or reproducing of sound, particularly between the hours of 11:00 p.m. and 7:00 a.m. and on any other date between the hours of 9:00 p.m. and 7:00 a.m. in such manner as to unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants.

    (3)

    Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated, of any radio, musical instrument or drum, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is used upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure such that it unreasonably disturbs the quiet comfort and repose of persons in the vicinity.

    (4)

    Yelling, shouting, etc. Between the dates of April 1, through November 1, inclusive, yelling, shouting, hooting, whistling or singing in the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. and on any other date between the hours of 9:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.

    (5)

    Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long-continued noise shall unreasonably disturb the comfort or repose of any persons in the vicinity.

    (6)

    Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

    (7)

    Loading, unloading, opening boxes. The creation of unreasonably disturbing noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers, especially between the hours of 9:00 p.m. and 7:00 a.m.

    (8)

    Construction or repairing of buildings. The erection, including excavation, demolition, alteration or repair of any building, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, provided, however, that the police chief may grant a permit for such work if determined that the public health and safety will not be impaired and that a loss or inconvenience would result to the party of interest.

    (9)

    Schools, courts, churches, hospitals. The creation of excessive noise on any street adjacent to any school, institution of learning, church or court, while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which unreasonably disturbs patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.

    (10)

    Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, traps, trucks or in any other manner so loaded as to cause loud noises or as to unreasonably disturb the peace and quiet of such streets or other public places.

    (11)

    Pile drivers, hammers, etc. The operation, between the hours of 9:00 p.m. and 7:00 a.m., of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by similarly loud or unusual noise.

    (12)

    Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noises due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

    (b)

    The city commission may upon application by the sponsor of a community special event, by resolution, further limit the hours during which the making of certain noise is deemed to be a violation of this section or prima facie evidence of a violation of this section. The resolution shall contain all necessary conditions, including the time limit on the permitted activity. Noncompliance with the terms of the resolution shall subject the activity to the standard provisions of this article regulating noise.

(Code 1970, § 29-3; Ord. No. 2008-7, § 4, 4-21-08)