§ 16-21. Specific acts or nuisance conditions

The following activities are declared to be a prima facie noise nuisance in violation of section 16-20 and are unlawful:

(1) Animals, birds. The keeping or maintenance, or the permitting to be kept or maintained, upon any premises owned, occupied or controlled by any person of any animal or bird that by frequent, habitual or continued noise unreasonably disturbs or interferes with the peace, comfort or repose of a reasonable person of normal sensitivity within the immediate vicinity. In any prosecution for a violation of this subsection, the fact that any loud animal noise has disturbed any person and has occurred in an area zoned for residential use either:

a. During nighttime hours; or

b. When none of the residents who reside in the place where the animal or bird is being kept are at home;

shall create a rebuttable presumption that such noise was in violation of this section. The city animal control officer is hereby authorized to enforce this subsection.

(2) Construction. The alteration or repair work of any building or other structure, construction, excavation, or demolition, other than between the hours of 6:00 a.m. and 8:00 p.m. on Monday through Saturday and between the hours of 9:00 a.m. and 8:00 p.m. on Sunday, except in the case of urgent necessity or in the interest of public safety and convenience, and then only with written permission from the city manager or designee.

(3) Firearms and fireworks. The explosion of firecrackers, skyrockets, Roman candles, pinwheels or any other form of fireworks or the shooting of any firearms, except as specifically authorized by law or the proper official.

(4) Horns and signaling devices. The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except when necessary to ensure safe operation, or the creation by means of any horn or signaling device of an unreasonably loud or harsh sound or a whistle.

(5) Peddlers. The raucous shouting and crying of peddlers, hawkers and vendors within any area of the city zoned for residential uses.

(6) Radios, loudspeakers, musical instruments. The playing of any radio, television, phonograph, computer, loudspeaker, megaphone, amplifier, or musical instrument in such manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensitivity in any dwelling, hotel, or other type of residence.

(7) Schools, courts, churches, libraries, hospitals, rest homes, long-term medical or mental care facilities. The creation of any excessive noise on any street or sidewalk adjacent to any school, institution of learning, court, church or library while the same are in use or adjacent to any hospital, rest home, or longterm medical or mental care facility, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys the occupants of such institutions.

(8) Vehicles. The operation or testing of any automobile, motorcycle, motor boat, or vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, jarring or rattling noise or vibrations.

(9) Heavy equipment. The operation or testing of heavy equipment such as trucks, earth moving equipment, motor-driven pumps or compressors and any other loud equipment in such a manner as to produce noise that is a nuisance to residential areas except as otherwise permitted in this article.

(10) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 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 a reasonable person of ordinary sensitivity in any office, or in any dwelling, hotel or other type of residence.

(11) Engine brakes and altered muffler system. The use or operation of an unmuffled auxiliary or compression engine brake in a posted area on a street or highway on which such use is prohibited that produces any noise in addition to the normal operating engine noise within the city. This provision shall not be construed to prohibit the use of braking mechanisms by emergency vehicles while in the performance of their official or normal duties. This provision is not intended to prohibit the passage of vehicles equipped with engine or "Jake brakes" in posted areas but rather to prohibit the use of unmuffled engine or "Jake brakes" in posted areas.

(Ord. No. 582, § III(B), 2-28-2012)