§ 30-63. Certain noises prohibited.

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

(1)

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

(2)

Radios, phonographs. The using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a 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 persons who are in the room, vehicle, chamber, or immediate outdoor area in which the machine or device is operated and who are voluntary listeners thereto. The operation of any set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(3)

Loudspeakers, amplifiers for advertising. The using, operating, or permitting to be played, used, or operated, of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

(4)

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

(6)

Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon the request of proper city authorities.

(7)

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

(8)

Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noise.

(9)

Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.

(10)

Construction or repair of buildings. The erection, 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, and then only with a permit from the building official or code compliance officer. The permit may be granted for a period not to exceed three days or less while the emergency continues and may be renewed for periods of three days or less while the emergency continues. If the building official or code compliance officer should determine 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 between the hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for the work to be done between the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.

(11)

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

(12)

Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.

(13)

Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, or sale.

(14)

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

(15)

Operation of street railway cars. The causing, permitting, or continuing of any excessive, unnecessary, and avoidable noise in the operation of a street railway car.

(16)

Piledrivers, hammers. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by loud or unusual noise.

(17)

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

(Code 1985, § 95.03; Ord. No. 2001-09, 6-19-01)