§ 13-5. Breach of the peace prohibited; unnecessary and excessive noises prohibited.

It shall be unlawful for any person to make, continue, or cause to be made or continued, any sound that is disturbing to a reasonable person of ordinary sensibilities. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive, namely:

(1)

Horns, signaling devices or similar equipment. The sounding of any horn or signaling device on any automobile, motorcycle, bus 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 any unnecessary and unreasonable period of time.

(2)

Radios, televisions, phonographs, recording and playback devices, or sound reproduction equipment. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, recording and playback devices or any other similar devices reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighbors, 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 such machine or device is operated and who are voluntary listeners thereto. Additionally, the operation of any aforementioned devices other than between the hours of 7:00 a.m. to 10:00 p.m., in such manner as to be plainly audible from a public street and/or the adjacent lot nearest to the source in which it is located shall be prima facie evidence of a violation of this chapter.

(3)

Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible from a public street and/or the adjacent lot nearest to the building, structure or yard in which the dog, animal or bird is located.

(4)

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent unreasonably loud or explosive noises there from.

(5)

Defect in vehicle or load. The use of any motor vehicle, jet ski, water bike, recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or in such manner as to create unreasonably loud or unnecessary grating, grinding, rattling or other noise within a residential area.

(6)

Schools, houses of worship. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning or house of worship while the same are in use, which unreasonably interferes with the workings of such institutions, provided conspicuous signs are displayed in such streets indicating that it is a school or house of worship.

(7)

Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose in whole or in part of attracting attention by creation of any unreasonably loud or unnecessary noise to any performance, show, sale, display or advertisement of merchandise; the shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood.

(8)

Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this city for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits there from unreasonably loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned.

(9)

Power tools and landscaping equipment. The operation of noise-producing lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise-producing tools which are used to maintain property or used at a residence other than between the hours of 7:00 a.m. and 9:00 p.m. in such manner as to be plainly audible from a public street and/or the adjacent lot nearest to the source shall be prima facie evidence of a violation of this chapter.

(10)

Shouting. Any unreasonably loud, boisterous or raucous shouting that is plainly audible from a public street and/or the adjacent lot nearest to the source.

(11)

Construction and industrial. Any commercial, building, construction, road maintenance, utility, solid waste collection, industrial noise or similar noises, other than between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, and 9:00 a.m. and 7 p.m. on Saturday and Sunday are not permitted. These types of noises shall be further governed by existing development agreements, planning permits or other legally binding agreements.

(Ord. No. 2011-07, § 5, 5-2-11; Ord. No. 2014-08 , § 1, 5-5-14)