Section 9.16.030 Prohibited noises.

The following acts among others, are declared to be loud, disturbing and unnecessary noises in violation of the ordinance codified in this chapter, but the enumeration shall not be deemed to be exclusive, namely:

A. Horns, Signaling Devices, Etc.

1. a. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the City, except as a danger warning,

b. The creation by means of any signaling device of any unreasonably loud or harsh sound, and

c. The sounding of any such device for an unnecessary and unreasonable period of time,

2. a. The use of any signaling device except one operated by hand or electricity,

b. The use of any horn, whistle or other device operated by engine exhaust, and

c. The sounding of any horn when the traffic is for any reason held up;

B. Radios, , Television sets, Etc. U sing, operating, or permitting to be played, used or operated, any radio receiving set, musical instrument, or other machine or device for the producing or amplifying of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, chamber or location at which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, machine or device between the hours of 11:00 p.m. and 7:00 a.m. or in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of violation of this section;

C. Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or singing in residential or noise sensitive places or from any public place or on the public streets, at any time or place so as to unreasonably annoy or disturb the quiet, comfort, or repose of persons of ordinary sensitivities in any office, or in any dwelling, hotel or other type of residence, or of any persons of ordinary sensitivities in the vicinity; Yelling, shouting, hooting, whistling or singing at any time or place between the hours of 11:00 p.m. and 7:00 a.m. or in such a manner as to be plainly audible at a distance of fifty (50) feet from the location at which the noise is occuring shall be prima facie evidence of violation of this section.

D. Animals, Birds, Etc. The keeping of any animal or bird which by causing frequent or long continued noise disturbs the comfort or repose of any persons of ordinanry sensitivities in the vicinity;

E. Motor vehicle.

1. No person shall drive or move or cause or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the following noise limits for the category of motor vehicle shown in the following table. Noise shall be measured at a distance of at least twenty-five feet (seven and one-half meters) from the near side of vehicle being monitored and at a height of at least four feet (1.2 meters) above the immediate surrounding surface.

2. The following maximum levels shall apply:

a. Motor vehicle with a manufacturer's gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 10,000 pounds or more or any combination of vehicles towed by such motor vehicles.

i. Speed limit 40 mph or less: 90 decibels.

ii. Speed limit over 40 mph: 94 decibels.

b. Any other vehicle or any combination of vehicles towed by any motor vehicle.

i. Speed limit over 40 mph or less: 80 decibels.

ii. Speed limit over 40 mph: 84 decibels.

3. This section shall apply to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provision of this chapter relating to motor vehicle mufflers for noise control.

4. Sound level measurement. Sound level measurement shall be made with a sound level meter.

5. No person shall operate or cause to be operated any motor vehicle unless the exhaust system of the vehicle is;

a. free from defects which affect sound reduction;

b. equipped with a muffler or other noise disipative device; and

c. not equipped with any cut-out, by-pass or similar device.

6. Dynamic braking devices, commonly referred to as Jacobs Brakes,. No motor vehicle shall be operated with a dynamic braking device engaged except for the aversion of imminent danger.

7. Responsibility for enforcement. The Chief of Police or his authorized representative shall have primary, but not exclusive, enforcement responsibility for this chapter as it relates to vehicular noise sources, and joint enforcement responsibility with appropriate law enforcement agencies as it relates to vehicular noise sources.

F. Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise;

G. Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading of any vehicle, the opening and destruction of bales, boxes, crates and containers, and the loading or unloading of trash between the hours of 9:00 p.m. and 7:00 a.m.;

H. Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues, and which permit may be renewed for periods of three (3) days or less while the emergency continues. If the Building Inspector determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or excavation of streets and highways between the hours of 9:00 p.m. and 7:00 a.m., and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 9:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work;

I. Schools, Courts, Churches, Hospitals. The creation of any excess noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed on such streets indicating that the same is a school, hospital or court street;

J. Metal Rails, Pillars and Columns, Transportation Thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, trays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places;

K. Piledrivers, Hammers, Etc. The operation between the hours of 9:00 p.m. and 7:00 a.m. of any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise;

L. Machinery. The operation of any noise-creating machinery or other machinery outside of an industrial zone , which causes noise audible on adjoining property due to the explosion of operating gases or fluids, or noise created from electrical harnessing, unless the noise from such machinery is muffled and such machinery is equipped with a muffler device sufficient to deaden such noise. (Ord. 91-17 § 3; as amended during 1993 recodification)

(Ord. 2010-21, Amended, 11/03/2010, Prior Text; Ord. 2005-17, Amended, 09/07/2005, Prior Text; Ord. 2002-03, Amended, 05/15/2002, Prior Text)