Chapter 9.15
EXCESSIVE NOISE
Sections:
9.15.01 Statement of intent.
No provision of this chapter shall be construed to limit or abridge the rights of any person to speak, peacefully assemble and express opinions. It is the purpose of this chapter to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises. (Ord. 760 § 1)
9.15.02 Excessive noise.
(a) It shall be unlawful for any person to make, 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.
(b) It shall be unlawful for any person to use, operate or permit the use or operation of any electronic device, radio, receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity with louder volume than is needed for convenient hearing in the room, vehicle, chamber or place in which the machine or device is operated. The operation of such a set, instrument, machine or device between the hours of 10:00 p.m. and 8:00 a.m. so that it is plainly audible at a distance of 50 feet from the building, structure, vehicle or place where it is located is prima facie evidence of a violation of this chapter.
(c) No person shall participate in or be in any party or gathering of people from which sound emanates at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity. A police officer may order all such persons present at any such party or gathering to immediately disperse from the vicinity of any such party or gathering in lieu of being charged under this section; provided, however, owners or tenants are not required to leave their own dwelling unit. Owners or tenants residing in the dwelling unit where the party or gathering occurs shall upon request of a police officer cooperate fully in abating the disturbance and, failing to do so, shall be in violation of this chapter. Sound from such gathering between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible at a distance of 50 feet from the building, structure or place of gathering is located is prima facie evidence of a violation of this chapter.
(d) For purposes of this chapter, the term “neighboring inhabitants” includes those persons in single-family dwellings, multiple-family dwellings, boarding house rooms, hotel rooms or motel rooms within the vicinity of the noise. (Ord. 760 § 2)
9.15.03 Exemptions.
The requirements of this chapter shall not apply to the following; provided, that all equipment is in repair and operated properly:
(a) Emergency work necessary to restore property to a safe condition or to protect a person or property from imminent danger;
(b) Emergency vehicles;
(c) Alarm systems;
(d) Trash and waste pickup operations;
(e) Noise resulting from the activities of a temporary duration planned by school, governmental or community groups;
(f) Aircraft or railroads;
(g) Air conditioners and lawn care equipment;
(h) Construction operations;
(i) Church bells or chimes. (Ord. 760 § 3)
9.15.04 Violation – Penalty.
Any person, corporation, organization or association violating the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not less than $20.00 nor more than $300.00. An offense committed under this chapter shall be designated as excessive noise. (Ord. 760 § 4)