§ 22-221. Prohibited noises.

(a)

Noise disturbance. No person shall make, continue, or cause, or permit to be made verbally or mechanically any unnecessary noise. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section, as shall peace officers, firepersons and EMT/ambulance and rescue personnel in the performance of their duties.

(b)

Acts of noise disturbance. The following acts and the causing thereof are hereby declared to be in violation of this section:

(1)

Sound reproduction systems. Operating or playing or permitting the operation or playing of any radio, television, phonograph or similar device which reproduces or amplifies sound:

a.

In such a manner as to create a noise disturbance in excess of 50 feet (15 meters) of such device when operated in or on residential property or a motor vehicle on a public right-of-way or public space; or

b.

In such a manner that the sound therefrom creates a noise disturbance across a residential real property boundary, lot line, or through adjoining walls into the domain of a fellow tenant in the case of multiple family dwellings, apartments, condominiums or duplex.

This subsection shall not apply to noncommercial spoken language covered under subsection (b)(3) of this section.

(2)

Loudspeakers and public address systems.

a.

Using or operating for any noncommercial purpose any loudspeaker or public address system or similar device between 9:00 p.m. and 7:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary, lot line, or through adjoining walls into the domain of a fellow tenant in the case of multiple-family dwellings, apartments, condominiums, duplexes.

b.

Using or operating for any commercial purpose any loudspeaker, public address system or similar device.

(3)

Street sales. Offering for sale or selling anything by shouting or outcry within any residential or commercial area of the city.

(4)

Animals and birds. Owning, possessing or harboring any animal or bird which frequently, or for continued duration make sounds which create a noise disturbance across a residential real property boundary.

(5)

Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, or similar objects between 10:00 p.m. and 7:00 a.m. of the following day in such a manner as to create a noise disturbance across a residential property boundary.

(6)

Motor vehicle repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.

(7)

Operation of radio, television, musical instrument in place of public entertainment. Operating or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar devices which produce, reproduces, or amplifies sound in any place of public entertainment so as to produce a maximum sound level of 50 DBA on a residential real property boundary.

(8)

Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snow blower, or similar device used outdoors in residential areas between 8:00 p.m. and 8:00 a.m. of the following day so as to cause a noise disturbance across a residential real property boundary.

(9)

Burglar alarms. Sounding or permitting the sounding of any exterior burglar alarm on any building or motor vehicle unless such burglar alarm terminates in operation within 15 minutes of it being activated. Any vehicle upon which a burglar alarm has been installed shall prominently display the telephone number at which communication may be made with the owner of such motor vehicle.

(10)

Air conditioning and air handling devices . The operation or air conditioning or air handling devices that exceed in residential areas continuous sound levels measured at the property line of 55 DBA. This subsection shall not apply if the sound from air conditioner or air handling device produces less than a five DBA increase in the sound level that exists in the absence of such a sound.

(11)

Loud and raucous parties. Making, allowing, causing, or permitting any unnecessary and unreasonable noise or raucous activity in a residence which disturbs the peace, tranquility and good order of the community.

(c)

Penalty. Violation of this section is a municipal civil infraction.

(Ord. No. 259, 4-26-1999; Ord. No. 276, § 15-84, 2-12-2001)