ARTICLE 2. LOCAL REGULATIONS

11-201. VARIOUS NOISE, REGULATING.

(a)    Purpose. It is found and declared that:

(1)    The making and creation of loud, unnecessary or unusual noises within the limits of the city is a condition that has existed for some time and the extent and volume of such noises is increasing;

(2)    The making, creation, or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual, and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and

(3)    The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public prohibitions hereinafter contained and enacted, are in issuance of and for the purpose of securing and promotion of the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.

(b)    Standards. The standards which shall be considered in determining whether a violation of this article exists shall include, but shall not be limited to the following:

(1)    Volume of the noise;

(2)    Intensity of the noise;

(3)    Origin of the noise is usual or unusual;

(4)    Origin of the noise is nature or unnatural;

(5)    Volume and intensity of the background noise, if any;

(6)    Proximity of the noise to residential sleeping facilities;

(7)    Nature and zoning of the area within which the noise emanates;

(8)    Density of the inhabitation of the area within which the noise emanates;

(9)    Time of day or night the noise occurs;

(10)    Duration of the noise;

(11)    Noise is recurrent, intermittent or constant; and

(12)    Noise is produced by a commercial or noncommercial activity.

(c)    Prohibition Generally.

(1)    It shall be unlawful for any person, corporation, partnership or association to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city. The provisions of this article shall not apply to such occasional and infrequent uses as authorized by special permit of the city council upon showing by an applicant and determination by the city council that the proposed use is not detrimental to public health, safety, or welfare.

(2)    The acts mentioned in the following sections of this chapter among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but such enumeration shall not be deemed to be exclusive.

(d)    Horns, Signaling Devices, Etc.

(1)    The sounding of any horn or signaling device on any automobile, motorcycle, street car, 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 reasonable loud or harsh sound; and the sound of any such device for any unnecessary and unreasonable period of time is unlawful.

(2)    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.

(3)    The use of exhaust brakes shall be prohibited where posted.

(e)    Radios, Phonographs, Loudspeakers, Etc.

(1)    The using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, loudspeakers, phonograph, tape players, or other machine or device for the producing or reproducing of sound in such 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 the person or persons who are in the room, vehicle, or chamber in which the machine or device is operated and who voluntary listens thereto is unlawful.

(2)    The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such 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 article.

(f)    Construction or Repairing of Buildings. The erection (including excavating), demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 9:00 p.m. is unlawful, except in case of urgent necessity in the interest 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 days or less while emergency continues. If the building inspector determines 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 9:00 p.m. and 7:00 a.m., and further determines that loss or inconvenience would result to any party in interest, the inspector may grant permission from such work to be done within the hours of 9:00 p.m. and 7:00 a.m., upon application being made at the time the work is awarded or during the progress of the work.

(Ord. 1296)