§ 17-5. Noise.

(a)

Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons or ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited.

(b)

Any noise of such character, intensity and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to be a nuisance and is hereby prohibited.

(c)

The following acts, among others, are declared to be nuisances in violation of this section, but such enumeration shall not be deemed to be exclusive:

(1)

Musical instruments. The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 p.m. and 7:00 a.m.; as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence.

(2)

Loudspeakers and amplifiers. The use of any stationary loudspeaker or amplifier of such intensity that annoys and disturbs persons of ordinary sensibilities in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any weekday between the hours of 10:30 p.m. and 7:00 a.m., or at any time on Sunday; provided, however, that it shall be a defense to prosection under this subsection for operating such loudspeakers and amplifiers at such hours on weekdays or on Sunday that the same were operated at a public event on property owned by the city and advance permission for such operation was obtained from the city secretary.

(3)

Animals and birds. The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity.

(4)

Horns or other signal devices on vehicles. The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonably loud or harsh device for any unnecessary and unreasonable period of time.

(5)

Operation of vehicles. The running of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, jarring or rattling noise or vibrations.

(6)

Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger.

(7)

Exhaust without mufflers. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(8)

Devices operated by compressed air. The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced.

(9)

Construction work. The erection, including excavation, demolition, alteration or repair work on 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 safety and convenience, and then only by permit from the city council, which permit may be renewed by the council during the time the emergency exists.

(10)

Near schools and hospitals. The creation of any excessive noise on any street adjacent to any school or institution of learning while the same is in session or adjacent to any hospital which unreasonably interferes with the workings of such institutions; provided, conspicuous signs are displayed in such manner indicating that the same is a school or hospital street.

(11)

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

(12)

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

(13)

Use of drums, etc., to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by the creation of noise, to any performance, show or sale of merchandise.

(14)

Railroads. The blowing or sounding of any steam whistle, horn or signal device on any engine, locomotive car or vehicle adapted to the rails of a railroad in the city, except as a warning or danger signal to persons or animals approaching, crossing or using the tracks of the railroad, shall constitute a violation of this section.

(15)

"Jake brakes". The use or operation of an auxiliary or compression engine brake, commonly referred to as a "Jacobs" or "Jake Brake", which produces any noise in addition to the normal operating engine noise, within the city is prohibited.

This regulation shall not be construed to prohibit the use of such braking mechanism by emergency vehicles while in the performance of their official or normal duties.

This regulation shall not [be] intended to prohibit the passage of vehicles equipped with engine or Jake Brakes in posted areas, but rather prohibit the use of such equipment in posted areas.

(Ord. No. 2009-07, § 1, 4-13-2009)