§ 9A.10.010. Public nuisance prohibited.

It is unlawful for any person to cause, or for any person, firm, corporation, or unincorporated association, in possession of property to allow to originate from any property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises:

(1)

The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

(2)

The frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residentially zoned area, so as to unreasonably disturb or interfere with the peace, comfort and repose of others. Provided that this subsection shall not apply to the operation of lawn mowers, garden tools, agricultural machinery, chain saws or other power equipment used for building repair or ground's maintenance between the hours of 7:00 a.m. and 10:00 p.m.;

(3)

The frequent, repetitive or continuous sounds which are audible greater than 50 feet from any real property including but not limited to a building, structure, apartment, yard, or condominium. Such sounds include but are not limited to musical instruments, audio sound systems, band sessions, or social gatherings;

(4)

Yelling, shouting, hooting, whistling or singing on or near the public streets, between the hours of 10:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners, managers or possessors of real property;

(5)

Sound from motor vehicle audio sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself;

(6)

Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source and outside the property of the operator;

(7)

Construction and industrial noises, including but not limited to, motorized construction and equipment operation, hammering, blasting, drilling and sawing, between the hours of 10:00 p.m. and 7:00 a.m., which unreasonably disturb or interfere with the peace, comfort and repose of others except as follows:

(A)

This subsection shall not apply to noises caused by projects required in an emergency to repair facilities or utilities or to prevent immediate damage or harm to persons or property; and

(B)

This subsection shall not apply to construction noises if the city council grants a variance from the provisions of this subsection for the construction or repair of a public facility or utility upon a finding that it is either necessary or in the public interest for all or a portion of the work to be performed between the hours of 10:00 p.m. and 7:00 a.m. The council may impose such conditions, as it deems appropriate upon the granting of a variance;

(8)

Frequent, repetitive or continuous howling, barking, squawking or other noises made by any animal which unreasonably disturbs or interferes with the peace, comfort and repose of any property owner or possessor; except that such sounds made by livestock, whether from commercial or noncommercial activities on land which is properly zoned to allow keeping of livestock, and such sounds made in pet shops, small animal hospitals and kennels in compliance with title 21 of this Code, shall be exempt under this subsection;

(9)

Any person, firm or corporation being the owner or custodian of any dog to permit such dog to bark, bay, cry, howl or make any other noise continuously for a period of ten minutes or bark intermittently for one-half hour or more to the disturbance of any person at any time of day or night regardless of whether the dog is physically situated on property under the control of the owner or custodian of the dog; provided, however, that it is an affirmative defense under this subsection that the dog was teased or provoked to bark or make any other noise by the injured person.

Provided that the foregoing enumeration of acts and noises not be construed as excluding other acts and noises which offend the public peace.

(Ord. No. S-11, § 1(part), 2000; Ord. No. V-69, § 1, 5-8-2012)