§ 14-79. Loud and unnecessary noises prohibited.

(a)

The creation of any unreasonably loud, disturbing and unnecessary noises in the city is prohibited. Noises of such character, intensity and duration, as to be detrimental to the life or health of any individual, or in the disturbance of the public peace and welfare, is prohibited.

(b)

The following acts, among others, are declared to be loud, disturbing and unnecessary noises, and noises in violation of this section, but this enumeration shall not be deemed to be exclusive:

(1)

The blowing of train horns, except in case of giving necessary warning signals in conformity with law.

(2)

The sounding of any horn 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 if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; and the creation by means of any such signal device for an unnecessary and unreasonable period of time.

(3)

The loud playing of radios, phonographs, televisions, tape decks, amplifiers, loudspeakers, musical instruments, vehicle alarm systems or other devices not enumerated here but which cause loud or irritating noises which are plainly audible from a distance of fifty (50) feet from its source or in such manner as to annoy or disturb the quiet comfort or repose of persons in any office, hospital or in any dwelling, hotel, or other type of residence, or of any persons in the vicinity, particularly between the hours of 10:00 p.m. and 7:00 a.m.

(4)

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 any person in any hospital, dwelling, hotel or any other type of residence, or of any person in the vicinity.

(5)

The keeping of any animal, bird or fowl which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity.

(6)

The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to cause loud and unnecessary grating, grinding, rattling or other noise.

(7)

The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city officials.

(8)

To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(c)

None of the terms of prohibition of this section shall be applied to or enforced against:

(1)

Any vehicle of the city while engaged in necessary public business.

(2)

Excavations or repairs of bridges, streets, or highways by or on behalf of the city, county or the state during the night, when the public welfare and convenience renders it impossible to perform such work during the day.

(3)

The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.

(4)

Noises generated by public or private school athletic contests, band practices or performances, or other school activities or functions, so long as said events are conducted between the hours of 7:30 a.m. o'clock and 11:00 p.m. o'clock.

(Code 1967, §§ 23-40—23-42; Ord. No. 5560, § 1, 12-26-93; Ord. No. 5628, § 1, 9-18-95; Ord. No. 6162, 1-17-06)