§ 12.12. Noises prohibited—Unnecessary noise standard.

The following acts, without limitation, are declared to be loud, disturbing and unnecessary noises in violation of this ordinance:

(a)

Horns, Signaling Devices, etc. 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 unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and 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.

(b)

Radios, Phonographs, etc. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, 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 the convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. 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 or whose sound pressure level measurement exceeds 5 dB(A) above the background noise level 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.

(c)

Loud Speakers, 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 projects sound upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

(d)

Yelling, Shouting, etc. Unreasonable yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11 p.m. and 7 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.

(e)

Animals, Birds, etc. 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.

(f)

Steam Whistles. The blowing of any locomotive steam, train or air whistles or steam or air whistles 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 request of proper city authorities.

(g)

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 and which meets the requirement for noise level specified in Table III Limiting Noise Levels for Motor Vehicles (b) Passenger Cars.

(h)

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

(i)

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, crates and containers.

(j)

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. Monday through Saturday or between the hours of 10:00 a.m. and 6:00 p.m. on Sundays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit form the Superintendent of Building Construction, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Superintendent of Building Construction 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 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 such work to be done within 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.

(k)

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 such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.

(l)

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

(m)

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.

(n)

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, trays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.

(o)

Pile Drivers, Hammers, etc. The operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise or exceeds the maximum sound pressure level as specified in Table I for maximum peak sound pressure levels other than between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday or between the hours of 10:00 a.m. and 6:00 p.m. on Sundays.

(p)

Snow Removal Equipment; Blowers, Fans, etc. The operation of any noise-creating snow removal equipment, blower or power fan or any internal combustion engine or electric motor, the operation of which causes noise in violation of Section 12.13, provided, however, that the operation and use of snowblowers, snowthrowers, garden or lawn tractors equipped with a snowplow blade, or similar equipment, shall not be a violation of this Section irrespective of whether the noise created thereby exceeds the standards set forth in Section 12.13 if operation and use of such snow removal equipment is necessary or reasonable under the totality of the circumstances. In determining whether such operation and use is necessary or reasonable, the time of day, the amount of existing or predicted snowfall, the relative need for access unobstructed by snow to the particular premises and the use of the particular premises, shall be taken into consideration.

(Ord. 06-2004 § 1)