CHAPTER 5-4: UNNECESSARY NOISE PROHIBITED
SECTIONS:
5-4-2: SPECIFIC ACTS PROHIBITED:
5-4-4: STATUTORY CONSTRUCTION:
5-4-6: VIOLATIONS AND PENALTIES:
5-4-1 LOUD NOISE PROHIBITED:
The creating, permitting or allowing of any unreasonably loud and disturbing noise within the city limits is hereby prohibited. An "unreasonably loud and disturbing noise" is hereby defined as noise of such character, intensity or duration as to be detrimental to the life or health or well-being of any individual, or as to disturb the public peace and quiet of a neighborhood, family or person. (Ord. 4053, 11-14-2000)
5-4-2 SPECIFIC ACTS PROHIBITED:
(A) The playing of any radio, stereo, player, or other sound device, including, but not limited to, loudspeakers or other devices for reproduction or amplification of sound, from a public street, public property or public right of way, which can be heard seventy five feet (75’) or more away.
(B) Noise emanating from the operation of portable machinery for stone crushing or grinding, or rock crushing or grinding at a temporary construction site, which disturbs the public peace and quiet of a neighborhood, family or person, unless specifically allowed by action of the city council, and in that event under such terms, conditions and limitations as set forth in the council’s approval.
(C) The operation of a motor vehicle in such a manner as to cause the tire or tires to squeal or screech.
(D) The use of outdoor loudspeakers for the purposes of outdoor communication.
(E) Outdoor noise occurring during the course of construction at a temporary construction site which is generated by blasting, excavation, generators or heavy equipment (including, but not limited to, backhoes, tractors, concrete trucks, dump trucks, jackhammers and air compressors) shall only be allowed between the hours of six o’clock (6:00) A.M. through eight o’clock (8:00) P.M. Monday through Saturday, unless expanded hours of operation are specifically allowed by action of the city council, after a public comment meeting, and in that event under such terms, conditions and limitations as set forth in the council’s approval. (Ord. 4053, 11-14-2000)
5-4-3 EXCEPTIONS:
None of the terms or prohibitions as set forth in this chapter shall apply to or be enforced against:
(A) Any governmental vehicle or activity while engaged in necessary public business.
(B) Any private vehicle or activity while engaged in necessary public business at the request of a governmental entity, provided, however, that said private vehicle or activity shall not be exempt from the provisions of subsection 5-4-2(E) of this chapter.
(C) Excavations or repairs of water or sewer lines or utilities by or on behalf of a governmental entity or utility company.
(D) The provisions of subsection 5-4-2(A) of this chapter shall not apply to special events, concerts, parades, sporting events and similar activities which are taking place on public property with the permission or consent of that public entity.
(E) The provisions of subsection 5-4-2(D) of this chapter shall not apply to:
1. Presently established and existing businesses which have an outdoor loudspeaker system as of September 1, 2000;
2. The use of intercoms for two-way communications, where the conversation cannot be heard beyond the property line upon which the intercom is located;
3. Special events, concerts, parades, sporting events and similar activities which are taking place on public property with the permission or consent of that public entity.
(F) The provisions of subsection 5-4-2(E) of this chapter shall not apply to refueling activities and maintenance and repair of vehicles and equipment at temporary construction sites.
(G) Any property owner or lessee working on property owned or leased by him or her shall be exempt from the Sunday prohibition as set forth in subsection 5-4-2(E) of this chapter; provided, however, that the remaining provisions of this chapter shall apply. (Ord. 4053, 11-14-2000)
5-4-4 STATUTORY CONSTRUCTION:
In determining whether a disturbance has occurred, the "reasonable person standard" shall be utilized. (Ord. 4053, 11-14-2000)
5-4-5 TEMPORARY EXCEPTIONS:
(A) In the event that it is necessary to produce or emit objectionable noise for a temporary, limited period of time, the city council, after a public comment meeting, may permit an exception to the provisions of this chapter, and in that event under such terms, conditions and limitations as set forth in the council’s approval.
(B) In the event that it is necessary to produce or emit objectionable noise for a temporary, limited period of time, and the necessity of producing or emitting said noise is of an emergency nature affecting the health or safety of persons or property, city council approval pursuant to subsection (A) of this section shall not be required; provided, however, that if said noise is to continue for a period of more than twenty four (24) hours, then upon application to the city manager or his designee, the city manager or his designee may permit an exception to the provisions of this chapter, and in that event under such terms, conditions and limitations as set forth in the foregoing approval. (Ord. 4053, 11-14-2000)
5-4-6 VIOLATIONS AND PENALTIES:
(A) The remedies herein are cumulative, and the city may proceed under one or more such remedies.
(B) Any person who is convicted of a violation of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1-3-1 of this code.
(C) Any owner, responsible party or other person having control over a structure or parcel of land who causes, permits, allows, facilitates or aids or abets any violations of any provision of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1-3-1 of this code.
(D) Any owner, responsible party or other person having control over a construction project or business who causes, permits, allows, facilitates or aids or abets any violations of any provision of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1-3-1 of this code.
(E) A violation of this chapter is hereby declared to be a public nuisance. In the event of a continuing violation of this chapter, the city attorney is hereby authorized to pursue a request for injunctive relief in a court of competent jurisdiction. In the event that an injunction is issued pursuant to this subsection, the court may also award reasonable attorney fees in favor of the city. (Ord. 4053, 11-14-2000)