It shall be unlawful for any person within any residential zone of the city to use or operate any sound amplifying equipment between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. of the following day in such a manner as to be distinctly audible at or beyond the property line of the property on which the equipment is located. (Ord. 11-O-2613, eff. 10-31-2011)
5-1-202: MACHINERY, EQUIPMENT, FANS, AND AIR CONDITIONING:
It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five (5) decibels based on a reference sound pressure of 0.0002 microbars, as measured in any octave band center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000 and for the combined frequency bands (all pass). (Ord. 11-O-2613, eff. 10-31-2011)
The council finds that on numerous and repeated occasions, alarms which have been installed in motor vehicles have been activated inadvertently by accident or carelessness and not as the result of any criminal action or conduct; and the noise which results from the activation of such alarms has arisen at all hours of the day and night and is detrimental to the public health, safety, and welfare; and the council has a responsibility to ensure and preserve the peace and tranquility of the city by regulating motor vehicle alarms and that the regulation of the intrusive and disturbing noise which results from the inadvertent activation of motor vehicle alarms is reasonably related to the proper exercise of police power to protect the health, safety, and general welfare of the public.
A. It shall be unlawful for any person to cause, allow, or permit any alarm located in a motor vehicle registered in the name of or driven by such person to emit any audible sound within the city for a period of more than ten (10) minutes. The time shall be calculated based upon the emission of the first audible sound, and end ten (10) minutes thereafter, notwithstanding any variation or delay in the emissions of audible sound.
B. Any violation of this section is hereby declared a public nuisance and in addition to other remedies if the alarm continues to be activated for a period in excess of forty five (45) minutes, any police officer may have the vehicle removed from any zone in the city to abate such nuisance. (Ord. 11-O-2613, eff. 10-31-2011)
A. It shall be unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle in such a manner that a reasonable person of normal sensitiveness residing in that area is caused discomfort or annoyance.
B. It shall be unlawful for any person to operate any motor vehicle within the city in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right of way shall be excluded from the provisions of this section. (Ord. 11-O-2613, eff. 10-31-2011)
A. No person shall engage in construction, maintenance or repair work which requires a city permit between the hours of six o'clock (6:00) P.M. and eight o'clock (8:00) A.M. of any day, or at any time on a Sunday or public holiday unless such person has been issued an after hours construction permit issued pursuant to subsection C of this section. In addition, no person shall engage in such work within a residential zone, or within five hundred feet (500') of a residential zone, at any time on a Saturday unless such person has been issued an after hours construction permit issued pursuant to subsection C of this section. For the purpose of this section, "public holiday" shall mean:
1. New Year's Day.
2. Memorial Day.
3. Independence Day.
4. Labor Day.
5. Thanksgiving Day.
6. Christmas Day.
Nothing in this section shall restrict the performance of "emergency work" as that term is defined in section 5-1-102 of this chapter.
B. No person employed for the purposes of construction, maintenance, or repair work which requires a city permit shall enter a site on which such work will be done prior to eight o'clock (8:00) A.M. Any violation of this subsection shall be deemed to be an infraction.
C. The city building official, after consultation with appropriate city officials, may issue an after hours construction permit authorizing work and/or entrance to a work site otherwise prohibited by this section if the city building official determines that the public interest will be served by such a permit. Situations in which the public interest may be served by the issuance of such an after hours construction permit includes, but are not limited to, construction near school grounds, and construction that may interfere with vehicular or pedestrian traffic in heavily traveled public rights of way.
D. Applications for an after hours construction permit issued pursuant to subsection C of this section shall be in writing and shall set forth how the public interest will be served by issuing the permit. An after hours construction permit may be revoked or suspended by the city building official if the city building official determines that activity conducted pursuant to the permit detrimentally affects the public health, safety or welfare. (Ord. 11-O-2613, eff. 10-31-2011)
5-1-206: NOISE IN PROXIMITY OF SCHOOLS, HOSPITALS, AND CHURCHES:
It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use, or adjacent to any hospital; which noise substantially and unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed on such street, sidewalk, or public place indicating the presence of a school, church, or hospital. (Ord. 11-O-2613, eff. 10-31-2011)
It shall be unlawful for any person within the city to sell anything by public outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events. (Ord. 11-O-2613, eff. 10-31-2011)
It shall be unlawful for any person to use any drum, other percussion or musical instrument, or device of any kind for the purpose of attracting attention by the creation of noise within the city. The provision of this section shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage in such conduct. (Ord. 11-O-2613, eff. 10-31-2011)
It shall be unlawful for any person within the city to use or operate any portable machine powered with a gasoline engine used to blow leaves, dirt, and other debris off sidewalks, driveways, lawns, or other surfaces. (Ord. 11-O-2613, eff. 10-31-2011)
No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any dog or other animal or fowl otherwise permitted to be kept which, by any loud or continuous cry, bark, howl, or other sound, unreasonably disturbs other persons. (Ord. 11-O-2613, eff. 10-31-2011)