§ 11-5-4. Noises prohibited—enumeration.

(a)

It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which unreasonably annoys, disturbs, injures or endangers the comfort, health, safety, welfare, or environment of others, within the limits of the city.

(b)

The following acts, among others, are declared to be unlawful, but this enumeration shall not be deemed to be exclusive, namely:

(1)

Sound signaling device. The sounding of any sound signal device on any automobile, motorcycle or other vehicle on any street or public place of the city, except as a warning of danger or as provided in subsection 11-5-6(b), so as to create any unreasonably loud or harsh sound, for any unnecessary and unreasonable period of time or when traffic is for any reason held up. The sounding of any sound signal device attached to a motor vehicle, wagon or manually propelled cart, from which food or any other items are sold, more frequently than once every two minutes in any one city block and with a duration of more than 10 seconds for any single emission.

(2)

Sound reproduction device. The using or operating of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound, or permitting the same to be played, used or operated in such manner as to disturb unreasonably the comfort, health, peace, safety, or welfare and environment of the neighboring inhabitants. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible across property boundaries at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section, except such operation by a public service company or the city to restore and maintain services provided by it.

(3)

Sound reproduction device for advertising. The using or operating of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound, or permitting the same to be played, used or operated upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building, structure, or commercial event.

(4)

Noise in public places. The making by any person of unreasonably loud or unnecessary noise, including but not limited to that made by the human voice in public places, particularly between the hours of 11:00 p.m. and 7:00 a.m. so as to annoy or disturb unreasonably the comfort, health, welfare, and environment, peace or safety of persons in any office, or in any dwelling, hotel or other type of residence, or of any person in the vicinity.

(5)

Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise disturbs the health, comfort, safety, welfare or peace and environment of any person in the vicinity.

(6)

Steam whistles. The blowing of any locomotive steam whistle or 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 authorities.

(7)

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

(8)

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

(9)

Loading, unloading, opening boxes. The creation of an unreasonably loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers, except as provided by section 11-5-7 of this chapter.

(10)

Construction or repairing of buildings, streets, walks, railways, sewers, utility lines, etc. The erection (including excavation), demolition, alteration or repair, and any and all activity necessary or incidental thereto, of any building, except a dwelling house when the activity is being conducted by an owner or occupant or agent thereof and not for profit, any street, walk, railway, sewer, utility line or other construction other than between the hours listed in Table I except in case of urgent necessity in the interest of public health and safety or to restore and maintain public service and then only with a permit from the city manager, which permit may be granted for a period not to exceed six days while the necessity continues and which permit may be renewed for periods of six days while the necessity continues. If the city manager should determine that the public health and safety will not be impaired by any erection, demolition, alteration or repair and if he shall further determine that failure to permit erection, demolition, alteration or repair during such hours would result in loss or inconvenience to any party in interest, he may after consultation with the director grant permission for the work to be done within the hours prohibited in Table I, upon application being made at the time the permit for the work is awarded or during the progress of the work.

(11)

Schools, courts, churches, hospitals, nursing homes, public libraries. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, public library or court while the same are in use, or adjacent to any hospital or nursing home which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in the hospital or nursing home, provided conspicuous signs are displayed in such streets indicating that the same is a school, court, church, hospital, nursing home or public library.

(12)

Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.

(13)

Model aircraft. The using, running, operating or flying or the permitting to be used, run, operated or flown of any model aircraft or similar contrivance now known or hereinafter invented, used or designed for flight in the air, in such a manner that there is produced loud, harsh, intense or continuous noise which disturbs the peace, quiet, comfort or repose of any person, except in areas and at times designated by the director of recreation who is hereby authorized to designate areas and times where and when the model aircraft may be run or flown without annoyance to the persons in the vicinity.

(14)

Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other materials, over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause unreasonably loud noises or as unreasonably to disturb the peace and quiet of such streets or other public places.

(15)

Construction devices and power equipment. The operation or permitting the operation during the hours prohibited in Table I of any construction device or power equipment which is attended by loud or unusual noise as determined by the director, unless permitted in accordance with section 11-5-7 of this chapter.

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TABLE I
	Prohibited Hours
Day	Before	After
_____
Monday through Friday	7:00 a.m.	6:00 p.m.
Saturday	9:00 a.m.	6:00 p.m.
Sunday	All Hours
Holidays in Sec. 11-5-5(a)(5)a.
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(16)

Power lawn and garden equipment. The operation or permitting the operation during the times listed in Table II of any power lawn or garden equipment.

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TABLE II
	Prohibited Hours
Day	Before	After
_____
Monday through Friday	7:00 a.m.	9:00 p.m.
Saturday, Sunday, Holidays as listed in Sec. 11-5-5 (a)(5)a.	9:00 a.m.	9:00 p.m.
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(17)

Ventilation and air conditioning. The operation or permitting the operation of ventilation systems and air conditioning systems whose components, air ducts and vent opening may be installed on the roof or ground, in windows or walls the use of which exceeds the noise levels in Table III.

(18)

Trash collection. No person shall operate or permit the operation of any refuse collection motor vehicle for collection of solid waste except as permitted by title 5, chapter 1 of the city code.

(19)

Pile driving. Notwithstanding any contrary provision of this chapter, no person shall operate, and no person shall permit the operation by any employee, independent contractor or other person of, any pile driving equipment, except between the hours of 9:00 a.m. to 6:00 p.m., Monday through Friday, and 10:00 a.m. to 4:00 p.m., Saturday. The city manager is authorized, in his discretion, to grant relief from the provisions of this section, under the procedures set forth in section 11-5-7. In deciding whether to grant such relief, the city manager shall consider (i) the location at which pile driving is proposed to be conducted, (ii) its proximity to residential areas, business districts, public parks, recreation facilities, historic areas and tourist destinations, (iii) the availability and cost of alternative methods of construction, (iv) the mitigation measures available or proposed, (v) the impact upon the construction project, and upon the public, and (vi) such additional factors as the manager determines may be relevant to avoid undue annoyance, disturbance, injury, or danger to the welfare of residents, business employees and patrons, park patrons, students, tourists and other visitors to the city. For purposes of this subsubsection, pile driving shall mean the driving of piles into the earth through the use of a gravity- or pneumatic-driven hammer or similar device or mechanism, and person shall include any state, or agency, instrumentality or contractor of a state, in addition to the meaning defined in section 11-5-2(30). (Ord. No. 4116, 3/28/00, Sec. 1)