It is found and declared that:
1. 
The making and creation of loud, unnecessary or unusual noises within the limits of the City is a condition which has existed for some time and the extent and volume of such noise is increasing.
2. 
The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, effect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City.
3. 
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity, and the peace and quiet of the City.
(Ref. 16-227, 16-228 RS Neb.)
It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual 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. (Ref. 16-227, 16-228, RS Neb.)
[Amended by Ord. No. 1070, 6-3-2003]
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Code, but such 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, streetcar 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 signaling device when traffic is for any reason held up.
2. 
Radios, Phonographs, Stereos, Bass Amplifiers and Musical Instruments. Using, operating or permitting to be played, used or operated, any radio, tape recorder, cassette player, compact disc (CD) player, musical instrument, phonograph, loud speaker, sound amplifier or other machine, apparatus or device for the producing, reproducing or amplifying of the human voice or of any sound:
a. 
Upon residential property or within a residential neighborhood, whether containing one or more units of multiple-family residential dwellings or a single-family residential dwelling, and upon property containing a hotel, motel or inn, unless the volume of such sound shall be so controlled that:
(1) 
It will not be plainly audible at a distance of 50 feet from any building, structure, chamber or vehicle in which such machine, apparatus or device is located, and
(2) 
In the case of a multiple-family residential dwelling, a hotel, motel or inn, it will not be plainly audible in any adjoining unit. Provided, however, that actual notice from an occupant of the adjoining unit to the occupant of the property containing the source of amplified sound shall be a necessary element of a violation under this subsection.
b. 
Upon any private property that is nonresidential and that is not located within a residential neighborhood, upon any public property, including any public street, highway, building, sidewalk, park or thoroughfare or in or upon any motor vehicle on such private or public property, unless in each such instance the volume of such sound shall be so controlled that it will not be plainly audible for a distance in excess of 100 feet from the source.
3. 
Loudspeakers, 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.
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.
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, 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.
8. 
Construction or Repairing of Buildings. The erection (including excavating), demolition, alteration or repair of 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 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 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 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 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 work.
9. 
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.
10. 
Pile Drivers, Hammers, etc. The operation between the hours of 10:00 p.m. 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.
11. 
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.
12. 
Exemptions. The following activities are exempt from the application of this section:
a. 
Devices used solely for the purpose of warning, protecting or alerting the public, or some segment thereof, of the existence of an emergency situation.
b. 
Construction operation for which building permits have been issued, or construction operations not requiring permits due to ownership of the project by an agency of the government, providing all equipment is operated in accordance with manufacturers' specifications and with all standard equipment, manufacturers' mufflers and noise-reducing equipment in use and in proper operating condition. However, such exception shall apply only to construction operations between the hours of 7:00 a.m. and dusk Monday through Sunday, 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 days while the emergency continues and which permit may be renewed for periods of three days while the emergency continues. If the Building Inspector shall 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/or Sunday, and if he or she shall further determine that hardship would result to any party in interest if permission is not granted, he or she may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. and/or on Sunday upon application being made at the time the permit for the work is awarded or during the progress of work.
c. 
Noises of safety signals, warning devices, emergency pressure relief valves and bells and chimes of churches.
d. 
Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting or operating within the scope of the authority of said agency or as is necessary for the safety of the public in time of emergency.
e. 
Operations by city departments.
f. 
Sound emanating from duly licensed and/or authorized athletic contests, parades and City-sponsored public activities and celebrations, and private events held in connection with such public activities and celebrations.
g. 
Noises emanating from industrial facilities operating in industrial zoned areas of the City, provided that such noises are incidental to the normal operations of such facility and further provided that such facility is operating in accordance with all City, State and Federal Codes, Statutes, regulations, special use permits and other enforceable orders.
h. 
Noises of lawn care equipment in normal usage in residential areas between the hours of 7:00 a.m. and 10:00 p.m. if used and maintained in accordance with the manufacturers' specifications.
i. 
Except as set forth in subsection C1, motor vehicles on public roads, but this section is not intended and shall not be construed to interfere with the enforcement of Section 5-308 or any other City, State or Federal statute, regulation, ordinance, Code or like regulations of motor vehicles.
j. 
Noises of aircraft, railroad trains, transit buses, school buses and other publicly-owned and/or operated transportation vehicles.
k. 
Operations by, or sanctioned by, the proper authorities (City, State or Federal) for the protection of persons or property where imminent physical trauma or property damage demands immediate action.