Chapter 9-53
NOISE CONTROL
Sections:
9-53-010 Legislative findings.
9-53-010 Legislative findings.
This chapter prohibits unnecessary or unusually loud noises within the city and establishes regulations for the control and enforcement of the provisions, as the result of the following provisions:
A. The making and creation of excessive, unnecessary, or unusually loud noises unreasonably interfering with the enjoyment of life or with any lawful business or activity, has long been a problem of municipalities throughout this state and elsewhere, and the increasing intensity of this form of pollution has reached the point where it is a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the citizens, residents, and other persons within the city.
B. Excessive noise endangers physical and emotional health and well-being, interferes with legitimate business and recreational activities, increases construction costs, depresses property values, offends the senses, creates public nuisances, and in other respects reduces the quality of our environment.
C. It is therefore necessary and in the public interest, for the provisions and prohibitions hereinafter contained and enacted as a matter of legislative determination and public policy, to be established by the city and it is hereby declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, peace, and quiet of the city and its inhabitants and visitors. (Ord. 3403 § 1 (Exh. A (part)), 2020)
9-53-020 Prohibited noise.
A. It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary, or unusually loud noise or any noise which unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the city (prohibited noise).
B. The following acts are declared to be prohibited noise in violation of this chapter and a public nuisance:
1. Horns, Signaling Devices, and Similar Devices. The sounding of any horn or signaling device on any truck, truck combination, automobile, motorcycle, scooter or other vehicle on any street or public place in 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 device for an unnecessary or unreasonable period of time as may be necessary to warn of an imminent danger. Also, 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 signaling device when traffic is for any reason held up or moving slower than the normal flow.
2. Sound Devices. As used in this section, a “sound device” means any radio, tape recorder, cassette player, or any other device for receiving broadcast sound or reproducing recorded sound. The using, operating, or permitting to be played, used, or operated any sound device in such manner as to unreasonably disturb the peace, quiet, comfort or repose of any person. Loud and raucous noise plainly audible at a distance of twenty-five (25) feet from the sound device shall be prima facie evidence of the violation of this provision.
3. No person shall play, use, operate or permit to be played, used or operated any sound device if the device is located in any motor vehicle on the public way and if the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than seventy-five (75) feet. This subsection shall not apply to any person participating in a parade or public assembly for which a permit has been obtained pursuant to this code. A motor vehicle that is used in the violation of this subsection (B)(3) shall be subject to seizure and impoundment under this subsection and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle.
4. Yelling, Shouting, and Similar Activities. Yelling, shouting, hooting, whistling, or singing on public or private property in an area zoned as a residential district between the hours of midnight (twelve a.m.) and five a.m. prevailing time, so as to unreasonably annoy or disturb the quiet, comfort, or repose of any person.
5. Animals, Birds, and Similar Creatures. The keeping of any animal or bird which by causing frequent or long continued noise shall unreasonably disturb the peace, quiet, comfort or repose of any person in the vicinity.
6. Exhausts. The unreasonable discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, motorcycle or motor vehicle except through a muffler or other device which effectively prevents loud or explosive noises therefrom.
7. Defect in Vehicle or Load. The use of any truck, truck combination, automobile, motorcycle, scooter or other vehicle so out of repair, so loaded, or in such manner as to create unreasonably loud and unnecessary grating, grinding, rattling, or other noise disturbing the peace, quiet, comfort or repose of any person.
8. Loading, Unloading, Opening Boxes. The creation of unreasonably loud excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers disturbing the peace, quiet, comfort or repose of any person.
9. Construction or Repair of Buildings. In areas zoned as a residential district or where residential dwellings are a permitted use, the erection (including the excavation), demolition, alteration, or repair of any building other than between the hours of six-thirty a.m. and ten p.m. on weekdays, except in the case of urgent necessity, in the interests of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the building inspector 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 within the hours of ten p.m. and six-thirty a.m., and if he or she shall further determine that loss or inconvenience would not result to any party in interest, he or she may grant permission for the work to be done within the hours of ten p.m. and six-thirty a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
10. Schools, Courts, Churches, Hospitals. The creation of any 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 the institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed on the streets indicating that the same is a school, hospital, church or court street.
11. Hawkers, Peddlers, Vendors. The shouting or crying of peddlers, hawkers, and vendors which unreasonably disturbs the peace, quiet, comfort or repose of any person in the vicinity.
12. Drums. The use of any drums or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, or sale which noise unreasonably disturbs the peace, quiet, comfort or repose of any person.
13. Pile Drivers, Hammers, and So Forth. The operation of any pile driver, pneumatic hammer, derrick, electric hoist, or other appliance, the use of which is attended by unreasonably loud and unusual noise, between the hours of ten p.m. and six-thirty a.m. in an area zoned as a residential district. The operation of any such device between the hours of ten p.m. and six-thirty a.m. in an area zoned as a residential district or in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the location in which it is being used shall be prima facie evidence of the violation of this provision.
14. Blowers, Fans, Internal Combustion Engines and Similar Devices. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes unreasonable noise due to the explosion of operating gases or fluids, between the hours of ten p.m. and six-thirty a.m. in an area zoned as a residential district, unless the noise from the blower, fan, internal combustion device or similar device is muffled and the engine is equipped with a muffler device sufficient to deaden the noise. The operation of any such blower, fan, internal combustion engine or similar device between the hours of ten p.m. and six-thirty a.m. in an area zoned as a residential district, or in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the location in which it is being used, shall be prima facie evidence of the violation of this provision. (Ord. 3421 § 11, 2021; Ord. 3403 § 1 (Exh. A (part)), 2020)
9-53-030 Penalty.
Except as provided below, any person violating any of the provisions of this chapter shall upon conviction be fined an amount not less than fifty dollars ($50.00) and not more than seven hundred fifty dollars ($750.00). Each instance of a violation that occurs after notice, whether oral or written, from an officer, employee, or elected official constitutes a separate violation. Prior notice that a particular act constitutes a violation of this chapter is not required. Violations of this chapter conducted in a commercially zoned area shall be three hundred dollars ($300.00) per occurrence. Violation of this chapter in a residentially zoned area shall be seventy-five dollars ($75.00) first occurrence, one hundred fifty dollars ($150.00) second occurrence, and three hundred dollars ($300.00) third occurrence within a calendar year. (Ord. 3403 § 1 (Exh. A (part)), 2020)