It shall be unlawful for any person to make, continue or cause
to be made or continued any excessive, unnecessary or unusually loud
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.
A.
The
following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this Chapter, but said enumeration
shall not be deemed to be exclusive, namely:
1.
Horns, signaling devices, etc. The sounding of
any horn or signaling device on any automobile, motorcycle, truck
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.
2.
Radios, phonographs, etc. The using, operating
or permitting to be played, used or operated any radio receiving set,
musical instrument, tape player, 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 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 at a distance of fifty (50) feet
from the building, structure or vehicle in which it is located shall
be prima facie evidence of a violation of this Section.
3.
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 is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure; except for public auctions not held regularly
and which are conducted between the hours of 9:00 A.M. and sunset.
4.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 P.M. and 7:00 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; except for auctioneering as stated in Subsection (3) above.
5.
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.
6.
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.
7.
Defect in vehicle or load. The use of any automobile,
truck, motorcycle or vehicle so out of repair, so loaded or in such
manner as to create unusually loud and unnecessary grating, grinding,
rattling or other noise.
8.
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, boxes, crates
and containers, except during the hours of 9:00 A.M. to 5:00 P.M.
Monday through Saturday.
9.
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 sunset, Monday through
Saturday, 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 (3) days
or less while the emergency continues and which permit may be renewed
for periods of three (3) days or less while the emergency continues.
If the Building Inspector 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 sunset and 7:00 A.M. and if he/she shall further
determine that loss or inconvenience would result to any party in
interest, he/she may grant permission for such work to be done within
the hours of sunset 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.
10.
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 on such streets
indicating that the same is a school, hospital or court street.
11.
Pile drivers, hammers, etc. The operation between
the hours of sunset and 7:00 A.M. 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.
12.
Blowers. The operation of any noise creating blower
or power fan or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, unless
the noise from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.
A.
The
standards which shall be considered in determining whether a violation
of this Chapter exists shall include, but shall not be limited to,
the following:
1.
The volume of the noise.
2.
The intensity of the noise.
3.
Whether the nature of the noise is usual or unusual.
4.
Whether the origin of the noise is natural or unnatural.
5.
The volume and intensity of the background noise, if any.
6.
The proximity of the noise to residential sleeping facilities.
7.
The nature and zoning of the area within which the noise emanates.
8.
The density of inhabitation of the area within which the noise emanates.
9.
The time of the day or night the noise occurs.
10.
The duration of the noise.
11.
Whether the noise is recurrent, intermittent or constant.
12.
Whether the noise is produced by a commercial or non-commercial activity.
A.
The
following uses and activities shall be exempt from the noise level
violations of this Chapter:
1.
Noises of safety signals, warning devices and emergency pressure
relief valves.
2.
Noises resulting from any authorized emergency vehicle, when responding
to an emergency call or acting in time of emergency.
3.
"Noises resulting from emergency work" as defined
to be: Work made necessary to restore property to a safe condition
following a public calamity or work required to protect persons or
property from an imminent exposure to danger.
4.
Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the City in accordance with Section 215.690 of this Chapter.
5.
Any aircraft operated in conformity with or pursuant to, Federal
law, Federal air regulations and air traffic control instruction used
pursuant to and within the duly adopted Federal air regulations. Any
aircraft operating under technical difficulties, in any kind of distress,
under emergency orders of air traffic control or being operated pursuant
to and subsequent to the declaration of an emergency under Federal
air regulations shall also be exempt.
A.
Applications
for a permit for relief from the noise level violations designated
in this Chapter on the basis of undue hardship may be made to the
Mayor or his/her duly authorized representative. Any permit granted
by the Mayor hereunder shall contain all conditions upon which said
permit has been granted and shall specify a reasonable time that the
permit shall be effective. The Mayor or his/her duly authorized representative
may grant the relief as applied for if he/she finds:
1.
Additional time is necessary for the applicant to alter or modify
his/her activity or operation to comply with this Chapter;
2.
The activity, operation or noise source will be of temporary duration
and cannot be done in a manner that would comply with the provisions
of this Chapter;
3.
No other reasonable alternative is available to the applicant; or
4.
The Mayor may prescribe any conditions or requirements he/she deems
necessary to minimize adverse effects upon the community or the surrounding
neighborhood.
As an additional remedy, the operation or maintenance of any
device, instrument, vehicle or machinery in violation of any provision
hereof and which causes discomfort or annoyance to reasonable persons
of normal sensitivity or which endangers the comfort, repose, health
or peace of residents in the area shall be deemed and is declared
to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction.
Violations of this Article shall be prosecuted in the same manner
as other misdemeanor violations of the City's Code.
