CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 4. Noise

It shall be unlawful to make or continue, maintain or cause to be made or continue any excessive, unreasonable, or unusually loud noise which disturbs, injures, endangers the repose, health, peace or safety of other people of ordinary sensitivity within the vicinity of the noise. Following is a nonexclusive list of violations:

(a)   Use, operate or permit the operation of any electronic device, radio, musical instrument or other machine or device for producing or reproducing sound in such a manner to disturb the peace, quiet or, repose of the neighboring inhabitants of ordinary sensitivity.

(b)   The repairing, rebuilding or modifying of any motor vehicle, motorcycle or motorboat in such a way as to cause a sound plainly audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m.

(c)   The operation of any power tool, garden tool, lawnmower, snowblower or other similar equipment or device in residential areas in such a manner as to cause a sound plainly audible across any property boundary line between the hours of 10:00 p.m. and 7 a.m.

(d)   The continued or frequent sounding of any horn, airhorn, or signal device on any vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonably loud or harsh noise for any unnecessary and unreasonable period.

No person shall participate in or be in any party or gathering of people from which sound emanates at a sufficient volume to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity.

(Ord. 714)

In lieu of writing a citation of this section, a police or other enforcement officer may order the producer of such noise or disturbance to cease its production or order persons attending a gathering to immediately disperse from the vicinity and failing to comply shall be in violation of this ordinance.

(Ord. 714)

The following situations are exempt from noise ordinance regulations:

(a)   Emergency work necessary to restore property to a safe condition or to protect a person and property from eminent danger;

(b)   Sound for the purpose of alerting the public of an emergency or the performance of emergency work;

(c)   Trash and waste pickup operations;

(d)   Aircraft and railroads;

(e)   Noise resulting from the activities of a temporary duration planned by school, government or community groups;

(f)   Festivals or events occurring on public parks which are permitted or approved by the City;

(g)   Noise made by children or adults on educational facility and athletic grounds during school curricular and extracurricular activities;

(h)   Activities in the fields, grounds or facilities of any sports complex or park to which the public has access;

(i)    Sound generated due to normal building conditioning and ventilation and property maintenance;

(j)    Sound which results from the reasonable use, recreational enjoyment or maintenance of residential property located in the City, including, but not limited to, noise made by children, lawn mowers, chippers, trimmers, blowers, and power tools; and

(k)   Construction operations.

(l)    Those other activities allowed by the City Clerk as a special event.

(Ord. 714)

The police or other enforcement officer may enforce this section. The fine for a violation shall be:

1st Offense:                                      $50.00

2nd Offence:                                    $100.00

3rd Offense:                                     $150.00

4th and Subsequent Offense:             $200.00

A violation of this section shall be a Class C Violation.

No prior conviction will be considered in determining the penalty if twelve (12) months have elapsed between the date of the violation and the date of the conviction. Each occurrence of a violation, or in the case of a continuous violation, each day a violation occurs or continues, constitutes a separate offense and shall be punishable as such hereunder.

(Ord. 714)