§ 66-90. General.

(a)

Prohibited generally. The creating or allowing of any unreasonably loud, disturbing and unnecessary noise within the limits of the city, including noise of such character, intensity or duration as to be detrimental to the life, health or safety of any individual, or in disturbance of the public peace and welfare is prohibited.

(b)

Exception. None of the terms or prohibitions of this article shall apply to or be enforced against any vehicle of the city while engaged upon necessary public business, or any ambulance or emergency vehicle while being operated in cases of emergency.

(c)

Prohibited noises enumerated. The following are declared to be noises in violation of this article, but this enumeration shall not be deemed to be exclusive:

(1)

Horns; signaling devices. The repetitive sounding of any horn or signal device on any automobile, motorcycle, bus, taxicab or other vehicle while not in motion except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; or the creation by means of any such signal device of any unreasonably loud or harsh sound; or the sounding of such device for an unnecessary and unreasonable period of time shall be a violation of this article.

(2)

Playing of radios, instruments and other instruments or devices. The playing of any radio, jukebox or similar device, phonograph or any other kind of musical instrument or loudspeaker device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner or with such a volume as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital, dwelling, hotel or other type of residence or of any persons in the vicinity shall be a violation of this article. The act of playing any such instrument or device during any period of time in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital, dwelling, hotel or other type of residence, or of any persons in the vicinity, is declared to be in violation of this article if any person so disturbed shall swear to and sign an affidavit for warrant for arrest of the offending party.

(3)

Yelling, shouting, hooting, whistling or singing. Yelling, shouting, hooting, whistling or singing on the public streets without a permit at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in any hospital, dwelling, hotel or any other type of residence or of any persons in the vicinity shall be a violation of this article.

(4)

Motor vehicles.

(A)

Use regulations. The use of any vehicle in such a condition or manner as to cause unreasonably loud grating, grinding, rattling or other noise shall be a violation.

(B)

Hours. Between the hours of 10:00 p.m. and 8:00 a.m., no person shall permit a vehicle to be parked for more than 15 minutes within 250 feet of any residential property unless each engine in or upon the vehicle is switched off and is not operating, or unless the sound generated by the engine is entirely inaudible from the immediate exterior of the vehicle.

(C)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Engine means all fuel-driven or electric engines or motors whatever, whether main, auxiliary or otherwise.

Parked means stationary or substantially stationary.

Person means any natural person, association, business or other legal entity having ownership, custody or control of the vehicle, or having ownership, control or occupancy of the land upon which the vehicle is situated.

Residence means any structure used for human habitation in a residential zone.

Vehicle means any truck, automobile, bus, train, trailer, motorcycle, tractor or any other wheeled vehicle whatsoever.

(5)

Engine exhausts. The discharge into the open air of the exhaust of any stationary steam engine, stationary internal-combustion engine, except through a muffler or other device which effectively prevents loud or explosive noises therefrom, shall be a violation of this article.

(6)

Near schools, hospitals, churches or courts. The creation of any excessive noise on any street or other property adjacent to any school, institution of learning, church or court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the workings or sessions of such institutions, shall be a violation of this article.

(d)

Permits. Any person may apply to the city for a permit to conduct activities which might otherwise violate this article. The board of directors may impose such limitations as time and geographic area for such activity. The city shall consider such factors as adequate police protection, interference with established businesses and the like. Such activities shall include, but not be limited to, functions advancing the arts, holiday festivals and parades, public functions protected by the First Amendment, and election activities.

(Ord. No. 16-21, § I, 12-20-2016)