Chapter 405 Noise Control
405.01: General Prohibition
405.02: Specific Restrictions
405.03: Hourly Restrictions of Certain Operations
405.04: Noise Variances
405.05: Enforcement and Impact Statements
405.01: GENERAL PROHIBITION:
No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person, or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions contained in Section 405.02 below. (Ord. 927, 6-30-1983)
405.02: SPECIFIC RESTRICTIONS:
A. Horns, Audible Signaling Devices, Etc.: No person shall sound any audible signaling device on any vehicle except as a warning of danger.
B. Exhaust: No person shall discharge the exhaust or permit the discharge of exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises, and complies with all applicable State laws and regulations.
C. Defective Vehicles or Loads: No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling or other noise.
D. Loading, Unloading, Unpacking: No person shall create loud and excessive noise in loading, unloading or unpacking any vehicle.
E. Radios, Phonographs, Paging Systems, Etc.: No person shall use, operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinct and loudly audible manner as to disturb the peace, quiet and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 P.M. and 7:00A.M., in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent or at a distance of 50 feet if the source is located in a structure or building, shall be prima facie evidence of a violation of this Chapter.
F. Participation In Noisy Parties Or Gatherings: No person shall participate in any party or other gathering of people giving rise to noise disturbing the peace, quiet or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
G. Loudspeakers, Amplifiers for Advertising, Etc.: No person shall operate or permit the use or operation of any loudspeaker, sound amplifier or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment.
H. Amplified sound from motor vehicles: It shall be a violation of this Chapter to play, operate or permit the playing, use of operation of any radio, tape player, disc player, loud speaker or other electronic device used for the amplification of music or other entertainment, which is located within a motor vehicle on a public street or alley, which is audible by any person from a distance of 50 feet or more from the motor vehicle. When sound violating this section is produced or reproduced by any such device that is located in a motor vehicle, the motor vehicle’s owner, if present when the violation occurs, is guilty of the violation. If the motor vehicle’s owner is not present at the time of the violation, the person who has dominion, care or control of the motor vehicle at the time of the violation is guilty of the violation. In addition to an owner or a driver, any person who controls or assists with the production, reproduction, or amplification of sound in violation of this section is guilty of the violation. (Ord. 1315, 02-14-2005)
I. Animals: The provisions of Chapter 501 of this Code shall govern unreasonable noises created by animals.
J. Schools, Churches, Etc.: No person shall create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning or church when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents.
K. Air Conditioning Units: No person shall place, maintain or operate an air conditioning unit in such a manner so as to unreasonably disturb the peace, quiet and comfort of persons using adjacent properties. (Ord. 927, 6-30-1983)
405.03: HOURLY RESTRICTIONS OF CERTAIN OPERATIONS:
A. Recreational Vehicles: No persons shall, between the hours of 10:00 P.M. and 7:00 A.M., drive or operate any minibike or other recreational vehicle not licensed for travel on public highways.
B. Domestic Power Equipment: No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment, except between the hours of 7:00 A.M. and10:00 P.M. on any weekday, or between the hours of 9:00A.M. and 9:00 P.M. on any weekend or legal holiday. Snow removal equipment is exempt from this provision.
C. Refuse Handling: No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 A.M. and 10:00P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or legal holiday.
D. Construction Activities: No person shall engage in or permit construction activities involving the use of any kind of electric, diesel or gas powered machine or other power equipment except between the hours of 7:00 A.M. and 10:00) P.M. on any weekday, or between the hours of 9:00A.M. and 9:00 P.M. on any weekend or legal holiday.
E. Snowmobiles: Snowmobiles shall be operated only at times allowed by Section 604.03 of this Code. (Ord. 927, 6-30-1983)
405.04: NOISE VARIANCES:
Any person may apply to the City Council for a variance from the requirements of this Chapter prior to doing those acts. The applicant shall provide a certified list of property owners within 350 feet of the site(s) where the activity is to occur. The Council procedure for public hearings shall be as set forth in Chapter 108 of this Code. For good cause shown, the City Council may, in its sole discretion, either grant or deny the variance. If the variance is granted, the Council may impose reasonable conditions to it. (Ord. 1175A, 11-25-1996)
405.05: ENFORCEMENT AND IMPACT STATEMENTS:
A. Civil Remedies: In addition to criminal penalties, this Chapter may be enforced by injunction, action for abatement or other appropriate civil remedies.
B. Noise Impact Statements: The City Council may require any person applying for a change in zoning classification, permit or license for any structure, operation, process, installation, alteration or project that may be considered a potential noise source to submit a noise impact statement. The City Council shall evaluate each such statement and take its evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (Ord. 927, 6-30-1983; 1995 Code)