‍

Prohibition; generally•

It shall be unlawful for any person or continued, anyloud or unusual noise which either disturbs or endangers the comfort, repose.health, peace or safety of others within the limits of the city.

Enumeration of specific unlawful noises.

The following acts, among others, are declared to beloud and disturbing noises in violation of this article, but such enumerationshall not be deemed to be exclusive, namely:

(1)           Motor noises. Any noise made by the motor of any automobile,truck, tractor, motorcycle, not reasonably required in the operation thereofunder the circumstances, and shall include, but not be limited to, backfiringand motor racing.

(2)           

   Hornsand signaling devices. The sounding of any horn or signaling device on anyautomobile, motorcycle, trolley coach or other vehicle on any street or publicplace ofthe city for an unreasonable period of time. The use of any signalingdevice except one operated by hand or electricity; the use of any horn, whistleor any other device operated by engine exhaust; and the use of any suchsignaling device when traffic is for any reason held up.

(3)           Yelling and shouting. Yelling, shouting, hooting,whistling, singing or blowing of horns on the public streets, or at any time orplace so as to disturb the quiet, comfort, or repose of persons in any office,or in any dwelling, hotel, motel, apanment or other type of residence, or ofany persons in the vicinity.

(4)           Piledrivers, hammers, or other noisy appliances. Theoperation between the hours of 10:00

p.m. and 7:00 a.m. of anypiledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist orother appliance, the use of which is attended by loud or unusual noise.

(5)           Tools. The use of or operation between the hours of10:00 p.m. and 7:00 a.m. of any power saw, poser planer, or other powered toolor appliance or saw or hammer, or other tool, so as to disturb the quiet,comfort, or repose of persons in any dwelling, hotel, motel, apartment, orother type of residence, or of any person in the vicinity.

(6)           Blowers. The operating ofany noise-creating blower orpower fan or any internal combustion engine the operation of which causes noisedue to the explosion of operating gases or fluids, unless the noise from suchblower or fan is muffled and such engine is equipped with a muffler devicesufficient to deaden such noises.

(7)           Exhausts. The discharge into the open air of theexhaust of any steam engine, stationary

columns ofiron, steel or other material, over and along streets and other public calls,wagons, cars, trucks in any manner so as to cause and quiet of persons in thevicinity thereof pursuant to uniform city standards.

(12)       Animals, birds, fowls. The   animal, bird or fowl which, by causing

or long continued noise,shall disturb the comfort or repose of persons in the vicinity.

(13)       Radios, tape players, or other sound reproductionappliances. Any noise emitted from a radio, tape player, tape recorder, recordplayer, or television outdoors, on or in any publicly owned property or placeincluding, but not limited to, public parks when such noise is audible to aperson of normal hearing sensitivity 100 feet from the radio, tape player, taperecorder, record player, or television.

(14)       Music. The playing of music by a live band or otherinstruments or devices utilizing sound equipment and/or the amplification ofvoices in any manner so as to disturb the peace and quiet of persons in the vicinitythereof.

Uses and activities exempted.

The following uses and activities shall be exempt fromthe noise prohibitions described in other sections of this article:

(1)         Non-amplified crowd noises resulting from legalactivities, between the hours of 7:00

a.m. and 9:00 p.m.

(2)         Construction operations from which building permitshave been issued, or construction operations not requiring permits due toownership ofthe projectby an agency ofgovernment, provided such equipment isoperated with the manufacturing mufflers and noise reducing equipment in useand in proper operating condition.

(3)         Noises of safety signals, warning devices, andemergency pressure relief valves.

(4)         Noises resulting from any authorized emergency, fireor police vehicle when responding to an emergency call, acting in time ofemergency or in connection with official police or fire department business.

(5)         Noises from emergency work, being work made necessaryto restore propeny to a safe condition following a public calamity or workrequired to protect persons or property from an imminent exposure to danger orwork by private or public utilities when restoring utility service.

(6)         Noises made by places of worship using bells, chimesor carillons as part of their religious observance and by persons havingobtained a permit to use the streets.

(7)         Any aircraft operated in conformity with, or pursuantto, a federal law, federal air regulations,

(9)         Use of' public address systems in any ball park or stadium         an athletic contest is in

(10)      Cries for emergency assistance and "arning calls.

(1 1) Any other noise resulting from activities ofa temporary durationand for which permit has been granted by the chief of police.

Permits for use of loudspeakers or other electrical devices.

Forparades or religious, social or political gatherings. The chief of police maygrant a temporary permit to persons desiring to use loudspeakers or otherelectrical devices for parades or for religious, social or political gatheringsto be held in any park or other suitable place of assembly.

2.          Application. Any permitissued under this section should be issued only on written application whichshall set forth the following:

(1)          A description of the premises for which the permit shall issue.

(2)          The dates and times for which the permit is to be issued.

(3)          The name and address of the person applying for the permit.

(4)          Any facts which would show that the activity for which the permit issought would not disturb the peace of any family or person within the area intowhich the sound shall carry.

(5)          The application shall designate a responsible person to be presentduring the activity. Such person shall be responsible for conducting theactivity in compliance with the provisions ofthe permit and must be present atall times.

(6)          Other such information as the chief of police shall deem necessary andproper.

                                     (l)       The anticipated noise.

(2)        The time of day the activity is to take place.

(3)        The proximity ofthe activity to residential areas,schools, churches or other meeting places.

(4)        Prior complaints from residents as a result of othersimilar activities.

If a permit is denied, the applicant may appeal thedecision to the mayor and board of aldermen. Any such appeal shall be taken notmore than ten days from the denial ofa permit by giving notice ofthe appeal tothe city clerk.

4.        Revocation.The chiefofpolice shall have the authority to revoke any permit issued on thefinding of any ofthe following:

(1)        The activity is being conducted in a mannerinconsistent with the permit, including the description ofthe activity as setout in the application.

(2)        The activity is causing a disturbance ofthe peace offamilies or persons within the area into which the sound carries.

(3)        There is any misrepresentation of the activity on theapplication for the permit.

(4)        Other good cause.

‍