Noise Ordinances

• Sec. 16-256. - Loud noises prohibited.

(a) It shall be unlawful for any person to make, continue, or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. This subsection shall not apply to sounds from any radio, phonograph, tape player, compact disc player, musical instrument or any similar device for producing or amplifying sound. This subsection shall not apply to shouting, singing, whistling or verbal utterances.(b)

The acts described in this division, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but such enumeration shall not be deemed to be exclusive.

(Code 1964, § 7.265; Ord. No. 20630, § 1, 5-17-10)

• Sec. 16-257. - Horns and signaling devices.

The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creating by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up, is hereby declared unlawful.

(Code 1964, § 7.270)

Cross reference— Motor vehicles and traffic, Ch. 14.

• Sec. 16-258. - Radios, phonographs, etc. outside the downtown area.

(a) It shall be unlawful to play or permit to be played any radio, phonograph, tape player, compact disc player, musical instrument or any similar device for producing or amplifying sound in a manner that disturbs the peace, quiet or comfort of the neighboring inhabitants.

(b) Playing or permitting to be played any device described in subsection (a) between 11:00 p.m. and 7:00 a.m. so that it is plainly audible at a distance of fifty (50) feet from the building, structure or outdoor area in which the device is located shall be prima facie evidence of a violation of this section.

(c) Playing or permitting to be played any device described in subsection (a) between 7:00 a.m. and 11:00 p.m. so that it is plainly audible at a distance of one hundred (100) feet from the building, structure or outdoor area in which the device is located shall be prima facie evidence of a violation of this section.

(d) Except as allowed in division 2 of this article, it shall be unlawful for the operator of any vehicle to play or permit to be played any sound producing or sound amplifying device in or on the vehicle so that it is plainly audible at a distance of fifty (50) feet from the vehicle.

(e) This section shall not apply to the downtown area as defined in section 16-258.1.

(Code 1964, § 7.275; Ord. No. 12912 § 1, 3-18-91; Ord. No. 16182, § 1, 9-20-99; Ord. No. 20630, § 1, 5-17-10)

• Sec. 16-259. - Shouting, etc.

(a) It shall be unlawful to shout, sing, whistle or make any verbal utterance or noise at a volume that disturbs the peace, quiet or comfort of the neighboring inhabitants.

(b) Shouting, singing, whistling or making other verbal utterances or noises between 11:00 p.m. and 7:00 a.m. that is plainly audible at a distance of fifty (50) feet from the building, structure or outdoor area in which the person is located shall be prima facie evidence of a violation of this section.

(Code 1964, § 7.280; Ord. No. 18941, § 1, 3-6-06)

• Sec. 16-260. - Animals and birds.

The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity is hereby declared unlawful.

(Code 1964, § 7.285)

Cross reference— Animals and fowl, Ch. 5.

• Sec. 16-261. - Blowing whistles.

The blowing of any locomotive whistle or 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, is hereby declared unlawful.

(Code 1964, § 7.290)

• Sec. 16-262. - Mufflers required.

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, is hereby declared unlawful.

(Code 1964, § 7.295)

Cross reference— Motor vehicles and traffic, Ch. 14.

• Sec. 16-263. - Motors out of repair; loads.

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, or other noise, is hereby declared unlawful.

(Code 1964, § 7.300)

• Sec. 16-264. - Loading and unloading.

The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers is hereby declared unlawful.

(Code 1964, § 7.305)

• Sec. 16-265. - Construction, repair and demolition of buildings, streets and utilities.

(a) Buildings. It shall be unlawful to interfere with or disturb the peace and quiet of neighboring inhabitants by demolishing, constructing, altering or repairing any building or structure other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 5:00 p.m. on Saturdays.

(b) Streets. It shall be unlawful to interfere with or disturb the peace and quiet of neighboring inhabitants by excavating, grading, paving, constructing, altering or repairing any public or private street, drive or parking lot other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 5:00 p.m. on Saturdays. Nothing in this article shall prevent work on any public street, including utility installation, removal or repair, when the director of public works has determined that the work is necessary in order to minimize traffic disruption.

(c) Utilities. It shall be unlawful to interfere with or disturb the peace and quiet of neighboring inhabitants by installing, removing or repairing any utility other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 5:00 p.m. on Saturdays. Nothing in this article shall prevent work on any utility in order to maintain or restore utility service.

(d) Site preparation. It shall be unlawful to interfere with or disturb the peace and quiet of neighboring inhabitants by operating any earthmoving, excavating, paving or tree cutting equipment other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 5:00 p.m. on Saturdays.

(e) Permits. Upon application, the director of public works may grant a permit to any person extending the hours of work set forth in subparagraphs (a) through (d) for an identified project. The permit shall state the nature, location and extended hours of the work to be done. The permit may be granted for a period of time not to exceed three (3) days and may be renewed for periods not to exceed three (3) days on an emergency basis only as determined by the director of public works. A permit authorized by this subsection shall be granted only if the director of public works first determines that the public health and safety will not be impaired by the permitted work and that significant loss or inconvenience would result to any party if the permit were not granted.

(Ord. No. 12622, § 1, 6-4-90; Ord. No. 13202, § 1, 12-16-91)

Editor's note— Section 1 of Ord. No. 12622, adopted June 4, 1990, repealed former § 16-265 and enacted new provisions in lieu thereof to read as herein set out. The repealed provisions pertained to erection, repair and demolition of buildings and derived from Code 1964, § 7.310.

Cross reference— Buildings and building regulations, Ch. 6.

• Sec. 16-274. - Penalty.

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not less than seventy-five dollars ($75.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for not exceeding three (3) months, or by both such fine and imprisonment.

(Code 1964, § 7.350; Ord. No. 12912 § 1, 3-18-91; Ord. No. 17052, § 1, 10-1-01)