§ 8.32.010. Noise nuisances—Defined—Violation—Penalty.

A.

Any unreasonably loud or disturbing noise which causes material distress, discomfort or injury to persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living, in the immediate vicinity thereof, is declared to be a nuisance and is prohibited.

B.

The following acts, among others, are declared to be nuisances in violation of this section, but such enumerations shall not be deemed to be exclusive:

1.

The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in any dwelling, hotel or other type of residence.

2.

The use of any stationary loudspeaker or amplifier of such intensity that annoys and disturbs persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any day between the hours of 10:30 p.m. and 7:00 a.m.

3.

The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort and repose of any person of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in the immediate vicinity.

4.

The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonably loud or harsh device for any unnecessary and unreasonable period of time.

5.

The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

6.

The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced.

7.

The erection, including excavation, demolition, alteration or repair work on any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of the public safety and convenience and then only by permit from the city council, which permit may be renewed by the council during the time the emergency exists.

8.

The creation of any excessive noise on any street adjacent to any school or institution of learning while the same is in session or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, providing conspicuous signs are displayed in such manner, indicating that the same is a school or hospital street.

9.

The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noise to any performance, show or sale of merchandise.

C.

The word "person," as used in this section, shall be construed to impart the singular and plural as the case demands, and shall include corporations, companies, societies and associations.

D.

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to punishment as provided in Section 1.12.010 of this Code.

(Ord. No. 2014-15 , § 2, 8-26-2014; Ord. No. 2011-02, Pt. 2, 1-25-2011; prior code § 19-9)