§ 18-106. Noise.

(a)

For purposes of this section, "public place" means any place which, at the time, is open to the public. It includes property which is owned publicly or privately.

(b)

A person commits the crime of peace disturbance if he unreasonably and knowingly disturbs or alarms another person or persons by:

(1)

Offensive or indecent language which is likely to produce an immediate violent response from a reasonable recipient;

(2)

Offensive or indecent gestures or other offensive or indecent conduct which are likely to produce an immediate violent response from a reasonable recipient; or

(3)

Threatening, quarreling, challenging or fighting which is likely to produce an immediate violent response from a reasonable recipient.

(c)

It shall be unlawful for any person in the city to engage in unreasonable, unnecessary and excessive yelling, shouting, hooting, whistling or singing between the hours of 10:00 p.m. and 6:00 a.m. There shall be excepted from this provision any organized sporting events fairs, carnivals or like activities.

(d)

It shall be unlawful for any person to make, continue to cause to be made or continued, any noises other than the human noises described in subsection (c) of this section that are loud, unnecessary or unusual. The following, among others, are declared to be loud, unnecessary or unusual noises and constitute a violation of this section, provided, however, that this enumeration shall not be deemed to be exclusive:

(1)

The sounding of any horn or noise emitting device on any automobile, motorcycle, bus or other vehicle for an unnecessary and unreasonable period of time.

(2)

The playing of any radio, phonograph, musical instrument or other device used for producing or reproducing sound in such manner, at such time and with such volume as to be unnecessary and unreasonable.

(3)

the keeping of any animal, bird or fowl which produces frequent or long, unreasonable barking, howling or other noises.

(4)

The use of an automobile, motorcycle or other vehicle, machinery or equipment so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noises, including unreasonable acceleration, deceleration or racing of motors whether in motion or at rest.

(5)

The unreasonable, unnecessary and prolonged blowing of any whistle.

(6)

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

(7)

the creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in session, which unreasonably interferes with the workings or sessions therefrom, or the creation of any excessive noise on any street adjacent to any hospital.

(8)

The erection, including excavation, demolition, alteration or repair of any building in any residential or commercial district or section and the excavation of streets and highways in any residential district or section, other than between the hours of 6:00 a.m. and 10:00 p.m., except in cases of urgent necessity in the interest of public health and safety. If the city engineer determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways, within the hours of 10:00 p.m. and 6:00 a.m., and if he shall further determine that no loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 10:00 p.m. and 6:00 a.m. on application being made at the time the permit for the work is awarded or during the progress of the work.

(9)

The creation of loud and excessive noise in connection with the loading of any garbage or trash on a compactor truck or with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or other containers between the hours of 10:00 p.m. and 6:00 a.m.

(10)

the use of any musical instrument, loudspeaker or other noisemaking device for the purpose of attracting attention to any performance, show, sale or display of merchandise or for any other purpose in the business or residence district between the hours of 10:00 p.m. and 6:00 a.m. except parades authorized by permit from the chief of police.

(11)

The operation on private property or on a public way in any residential or commercial district of any power equipment generating unreasonable noise that is used for home or building repair or grounds maintenance, between the hours of 10:00 p.m. and 6:00 a.m. Such power equipment shall include, but not be limited to, lawn mowers, garden tools, snow removal equipment, electric or chain saws or any other power hand tools or other equipment used for home or building repair or grounds maintenance.

(e)

Any noises enumerated above that are plainly audible at the property line in the case of noises originating on private property, or from a distance of fifty (50) feet in the case of noises originating on a public place, shall be prima facie evidence of a violation of this section. There shall be excepted from the terms of this section the following noises:

(1)

Any ambulance, any officer of the law while engaged in necessary public business or any vehicle in the city while engaged in necessary public business.

(2)

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

(3)

The reasonable use of amplifiers in the course of public address which are noncommercial in nature and when such use is outside the business district of the city.

(4)

Any use of noise-emitting devices or the creation of any noise where permit has been obtained from the chief of police, but only to the extent as provided in the permit.

(5)

Any organized sporting events or fairs, carnivals or like activities.

(f)

Penalties for violations of paragraphs (b) through (e) of this section shall be as follows:

(1)

Any person who shall violate any of the provisions of paragraph (b) of this section shall be guilty of a violation and shall, upon conviction, be punished as provided in section 1-7 of this Code.

(2)

Any person who shall violate any of the provisions of paragraphs (c) through (e) of this section shall be guilty of a violation and shall, upon conviction thereof, be sentenced as follows:

a.

The first conviction shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), plus the cost of prosecution, and, in default of payment of such fine and costs, of imprisonment for not more than four (4) days.

b.

The second conviction shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00), plus the cost of prosecution, and, in default of payment of such fine and costs, imprisonment for no more than eight (8) days.

c.

The third and subsequent convictions shall be punishable by a fine of not less than two hundred dollars ($200.00) nor more than three hundred dollars ($300.00) and costs of prosecution, and, in default of payment of such fine and costs, imprisonment for no more than thirty (30) days.

(3)

If any person shall permit a violation of this section to continue after notice to desist, each additional violation shall be considered a separate offense.

(4)

In any proceeding for the violation of this section, the tenants, owners and/or occupants, after proper notice of the violations shall be considered equally responsible for committing or allowing to commit a violation from the location or occupancy under their control.

(Code 1974, §§ 16-3A—16-3D; Ord. No. 10691, § 2, 10-21-85)