§ 24-54. Loud, disturbing and unnecessary noise.
(a)
The following acts are declared to be loud, disturbing, and unnecessary noises in violation of this article, but this enumeration shall not be deemed to be exclusive:
(1)
Radios, phonographs, and similar devices. The using, operating, or permitting to be played, used, or operated any radio, receiving sound device, television, stereo, sound amplifier, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in a manner as to disturb the peace, quite, and comfort of the adjoining residents or at any time with a volume louder than necessary for the convenient hearing of the person who is in the room, or building, in which the machine or device is operated, and who is a voluntary listener thereto. The operation of any set, instrument, television, phonograph, machine, or sound device between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Saturday and holidays, in a manner as to be plainly audible at a distance of 500 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this article.
(2)
Entertainment noise. The using, operating, or permitting to be played, used, or operated, of any radio, receiving device, television, stereo, sound amplifier, musical instrument, phonograph, loudspeaker, or other machine or device for the producing or reproducing of sound which is located in a building or its exterior, operated as a restaurant including the bar which is part of the restaurant, between the hours of 10:00 p.m. and 8:00 a.m. on Sunday through Saturday and holidays, in a manner as to be plainly audible at a distance of 500 feet from the building or exterior thereof shall be prima facie evidence of a violation of this article. The holidays include: New Year's Eve, New Year's Day, Memorial Day, July 4th, and Labor Day and the evening before such holiday, providing the day is not a Sunday.
(3)
Yelling, shouting, hooting, whistling, or singing. Yelling, shouting, hooting, whistling, or singing on or adjacent to public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, church, dwelling, motel or other type of residence or of any persons in the vicinity.
(4)
Noise to attract attention. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, or sale.
(5)
Sound track. The use of mechanical loudspeakers or amplifiers located on a truck or other moving or standing vehicle for advertising or other commercial purposes. The use of sound trucks for noncommercial purposes during hours and in places and with volume which is plainly audible at a distance of 500 feet without a city permit.
(b)
The provisions of this section shall not apply to or be enforced against:
(1)
Any vehicle of the governmental entity while engaged in necessary public business;
(2)
A public event sponsored by a governmental entity or a charitable nonprofit corporation, civic organization, church group or other group possessing a permit issued for such an event by the city;
(3)
A holiday event in a restaurant, including the bar, which is part of the restaurant, for which a permit has been issued by the city council. An application shall be filed at least 21 days prior to the holiday event with the city administrator;
(4)
Excavations or repairs of streets by or on behalf of the city, or other governmental unit at night when the public welfare and convenience renders it impossible to perform such work during the day; or
(5)
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character during daylight hours or a public event.
(Code 1985, § 6-303)