Chapter 8.24
NOISE*
Sections:
8.24.010 Unnecessary noises generally.
8.24.020 Exemption—Garbage and trash collection.
8.24.030 Abatement of nuisance.
8.24.040 Exemptions.
* Editor’s Note: As to barking and howling dogs, see Section 6.04.050 of this code.
8.24.010 Unnecessary noises generally.
A. It is unlawful for any person to cause or produce any unnecessary noise which can be heard outside of any building by attaching any noise-producing attachment to any vehicle; or blowing or ringing any horn, whistle or bell; by operating a loudspeaker, public address system or sound amplification system; or by making any other loud or unusual noise which disturbs the peace of any other persons, unless a permit to cause or produce the noise shall be first obtained from the chief of police.
B. Between the hours of ten p.m. and seven a.m. next ensuing, no commercial or other activity shall be conducted upon any privately owned real property within the city which activity creates noise which can be heard at the property line of any parcel of real property within the city, unless a permit shall first have been secured from the chief of police.
C. Notwithstanding the provisions of subsection B of this section activities associated with commercial and residential construction projects by contracted services shall be regulated as follows:
1. Monday through Saturday. Construction activities which generate noise that can be heard at the property line of any parcel of real property within the city limits shall be limited to eight a.m. to five p.m. Delivery of materials/equipment and cleaning and servicing of machines/equipment shall be limited to seven a.m. to six p.m. Exceptions to these time restrictions may be granted by the public works director for one of the following reasons: (a) inclement weather affecting work; (b) emergency work; or (c) other work, if work and equipment will not create noise that may be unreasonably offensive to neighbors as to constitute a nuisance. The city engineer must be notified and give approval in advance of such work.
2. Sundays and Holidays (Federal and Local). No construction activities allowed which generate noise that can be heard at the property line of any parcel of real property within the city limits.
D. Notwithstanding the provisions of subsections B and C of this section activities associated with landscape maintenance by contracted services which generate noise that can be heard at the property line of any parcel of real property within the city limits shall only be allowed Monday through Saturday from eight a.m. to five p.m. and are prohibited on Sundays and holidays (federal and local).
E. Any person desiring to obtain a permit under this section shall file a written application stating the permit desired, the name and address of the applicant, the reason why he or she desires the same and the place where and the particular time when he or she desires to exercise the same.
F. The chief of police shall grant such permit if it reasonably appears that: (1) the activity is otherwise permitted under this code; and (2) the benefit to be derived by the applicant from conducting such activity at the time and place specified in the application outweighs the detriment to be suffered by the neighborhood, by neighboring residents, and by the city’s residents generally.
G. Violation of this section shall constitute a public nuisance and an infraction. (Ord. 02-7 § 1; prior code § 11.11)
8.24.020 Exemption—Garbage and trash collection.
The collection of garbage and trash pursuant to Chapter 8.04 of this code is expressly exempted from the provisions of Section 8.24.010. (Prior code § 11.12)
8.24.030 Abatement of nuisance.
Whenever the existence of any nuisance, as provided by Section 8.24.010, comes to the attention of the chief of police or any sworn police officer of the city, it shall be their duty to promptly notify in writing the person(s) producing or causing the nuisance and the occupant of the premises upon which such nuisance exists, specifying the measures necessary to abate such nuisance, and unless the nuisance is thereafter immediately abated, the persons so notified shall be guilty of an infraction and the chief of police or the sworn police officer shall summarily abate such nuisance. (Prior code § 11.13)
8.24.040 Exemptions.
Nothing in Sections 8.24.010 to 8.24.030 shall apply to the playing of music by a band or the blowing of a bugle or the announcing of any show, entertainment or event upon the public streets for which band music, bugle blowing or privilege of announcing the chief of police has granted a special permit specifying the time and place when and where such music may be played or such bugle be blown; nor shall apply to the blowing of any whistle or horn or the ringing of any bell or other noise necessary as a vehicular traffic warning or signal; nor to any public celebration or public function on a public holiday or other public occasions generally celebrated. (Prior code § 11.14)