§ 16-145. Specific offenses.

(a)

Each of the following acts is a public nuisance and is prohibited. This list does not exclude other activities from the definition of "public nuisance."

(1)

Animal and bird noises. The keeping of any animal or bird, which by causing frequent or long continued noise, shall disturb the comfort or repose of any person.

(2)

Construction noises. The erection, including excavating therefor, demolition, alteration or repair of any building, and the excavation of streets and highways, except between the hours of 7:00 a.m. and 6:00 p.m., unless a permit is first obtained from the city manager.

(3)

Sound amplifiers. Use of any loud speaker, amplifier or other instrument or device, whether stationary or mounted on a vehicle for any purpose except one which is noncommercial in character and when so used shall be subject to the following restrictions:

a.

The only sounds permitted are music or human speech.

b.

Operations are permitted for four hours each day, except on Sundays and legal holidays when no operations shall be authorized. The permitted four hours of operation shall be as designated by the chief of police.

c.

Sound amplifying equipment mounted on vehicles shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour except when said truck is stopped or impeded by traffic, and except when used in a city park or other place with permission of the chief of police.

d.

Sound shall not be issued within 100 yards of hospitals, schools or churches.

e.

The volume of sound shall be controlled so that it will not be audible for a distance in excess of 100 feet from the sound amplifying equipment and so that the volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.

(4)

Engine exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, motorboat, snowmobile or all-terrain vehicle, except through a muffler or other device, which effectively prevents loud or explosive noises therefrom.

(5)

Handling merchandise. The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.

(6)

Blowers. The discharge into the open air of noise from a compressor, blower or power fan unless the noise from such compressor, blower or fan is muffled sufficiently to deaden such noise.

(7)

Hawking. The hawking of goods, merchandise, or newspapers in a loud and boisterous manner.

(8)

Horns and signal devices. The sounding of any horns or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching, apparently out of control, or to give warning of intent to get under motion, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.

(9)

Radio and musical instruments. The playing of any radio, television set, phonograph, or any musical instrument in such a manner or with such volume, particularly during the hours between 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.

(10)

Shouting and whistling. Yelling, shouting, hooting, whistling, or singing or the making of any other loud noise on the public streets between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time so as to annoy or disturb the quiet, comfort, or repose of persons in any school, place of worship, or office, or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity.

(11)

Whistle or siren. The blowing of any whistle or siren, except to give notice of the time to begin or stop work or as a warning of fire or danger.

(b)

This section is punishable as a municipal civil infraction, except for subsections (a)(3), (8), (9), (10) and (11) of this section, which are punishable as a misdemeanor.

(Prior Code, § 9.21; Ord. No. 87-08, 5-4-1987; Ord. No. 95-21, 8-7-1995; Ord. No. 2004-14, 6-21-2004)