Chapter 7.94
NOISE
Sections:
7.94.020 Prohibited noises – Noise disturbance.
7.94.030 Penalty for violation.
7.94.010 Definitions.
For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
(1) “Motor vehicle” means any vehicle which is self propelled by mechanical power, including but not limited to passenger cars, trucks, truck-trailers, semitrailers, campers, motorcycles, minibikes, go-carts, snowmobiles and racing vehicles.
(2) “Noise” means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
(3) “Noise disturbances” means any sound which:
(a) Endangers or injures the safety or health of humans or animals; or
(b) Annoys or disturbs a reasonable person of normal sensitivities; or
(c) Endangers or injures personal or real property; or
(d) Interferes with normal conversation at a distance of 75 feet or more from the source of the sound; or
(e) Causes vibrations to be felt at a distance of 75 feet or more. (Ord. 521 § 1, 1990; Ord. 385 § 1, 1981).
7.94.020 Prohibited noises – Noise disturbance.
(1) General Prohibitions. In addition to the specific prohibitions outlined in subsections (2), (3) and (4) of this section, it is a civil infraction for any person to make or continue, or to cause to be made or continued, or to allow to be made or continued, any noise disturbance within the city limits.
(2) Specific Prohibitions. In addition to the general prohibitions in subsection (1) of this section, the following specific acts are prohibited:
(a) Horns and Signaling Devices. Sounding any horn or signaling device on any motor vehicle on any public right-of-way or public place within the city except as a danger warning as provided in the vehicle code of the state, or the sounding of any such signaling device for an unnecessary and unreasonable period of time;
(b) Operating Vehicles. Operating or permitting to be operated or used any truck, automobile, motorcycle, or other motor vehicle which, by virtue of design and construction of the exhaust or muffling system, causes a noise disturbance;
(c) Standing Motor Vehicles. Operating or causing or permitting to be operated any motor vehicle, or any auxiliary equipment attached thereto, in such a manner as to cause a noise disturbance for a consecutive period longer than 15 minutes while such vehicle is stationary in a residential zone;
(d) Radios, Television Sets, Musical Instruments, and Similar Devices. Using, operating, or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production of sound in such a manner as to cause a noise disturbance;
(e) Construction Work. Any mechanical or construction noise before 7:00 a.m. or after 9:00 p.m. on weekdays, or before 8:00 a.m. or after 9:00 p.m. on Saturdays, Sundays or holidays, except that:
(i) Mechanical or construction noise is permitted outside of such hours in cases of emergency resulting from storm, fire or other elements of nature where construction is necessary to avoid serious injury to persons or property; and
(ii) The city manager may authorize noise associated with the delivery, pouring, and working of fresh concrete to occur between the hours of 6:00 a.m. and 7:00 a.m. on weekdays and between the hours of 7:00 a.m. and 8:00 a.m. on Saturdays, Sundays and holidays, where necessary to accommodate construction. All requests for authorization must be made to the city manager in advance of the concrete delivery. The city manager may require the requester to notify the owners and occupants of property in the vicinity of the construction site as a condition of authorizing the noise to occur.
(f) Powered Model Mechanical Devices. The flying of a model aircraft powered by internal combustion engines, whether tethered or not, or the operation of model motor vehicles powered by internal combustion engines, or the firing or operating of model rocket vehicles or other, similar noise-producing devices before 8:00 a.m. or after 9:00 p.m., or in such manner as to cause a noise disturbance.
(3) Residential Noise – General. The following categories of noise commonly heard in residential neighborhoods are prohibited after certain hours as shown:
(a) Single Event. Any noise disturbance produced from an event or activity that may occur from time to time, such as, but not limited to, a private house party or barbecue, is prohibited after 10:00 p.m. Sunday through Thursday and after midnight on Friday, Saturday and the day before a holiday.
(b) Repetitive Noise. Any noise disturbance that occurs on a repetitive basis once a week or more, such as, but not limited to, use of power garden equipment or frequent or repeated starting or testing of internal combustion engines, is prohibited after 9:00 p.m. on any day of the week.
(4) Community Events. Any noise disturbance produced from a community event, such as, but not limited to, athletic competitions, dances, or weddings, is prohibited after 10:00 p.m. Sunday through Thursday and after midnight on Friday, Saturday and the day before a holiday. (Ord. 874 § 1, 2011; Ord. 731 § 1, 2004; Ord. 385 § 2, 1981).
7.94.030 Penalty for violation.
(1) Any person violating this chapter shall be given a warning to cease the activity causing the noise disturbance. If the same noise disturbance continues or recurs, the violator shall be guilty of a civil infraction and shall be subject to a civil penalty of $100.00 for the first offense, $200.00 for the second offense, and $300.00 for the third offense occurring within one year following the first offense.
(2) When a person has committed the same offense in violation of this chapter three or more times within a one-year period, a subsequent charge for the same offense brought within one year of the last adjudication constitutes a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days or by both fine and imprisonment. (Ord. 1005 § 2 (Exh. B § 10), 2021; Ord. 731 § 2, 2004; Ord. 385 § 3, 1981).
7.94.040 Nuisance – Abatement.
Repealed by Ord. 731. (Ord. 385 § 4, 1981).