§ 10-68. Prohibited noises enumerated.

It shall be unlawful for any person to cause or permit to be caused any of the following prohibited sounds or noises:

(1)

Social gatherings and parties. Allowing any noise between 11:00 p.m. and 7:00 a.m. generated from a gathering of ten or more people that is plainly audible:

a.

Inside the confines of the dwelling unit, house or apartment of another person; or

b.

In a residential area, at 100 or more feet from the gathering.

(2)

Sound-producing and sound-reproducing devices. Except for commercial establishments located in areas zoned for urban mixed use, the use, operation or playing of any radio, phonograph, television, record, compact disc, tape, digital music, MP3 or DVD player, musical instrument, loudspeaker, sound amplifier or other machine or device capable of producing or reproducing sound, regardless of whether such sound-producing or sound-reproducing machine or device is located inside of a structure or outside of or on a structure, in such a manner or with such volume or duration that it is plainly audible between 11:00 p.m. and 7:00 a.m.:

a.

Inside the confines of the dwelling unit, house or apartment of another person; or

b.

In residential areas, at 50 or more feet from the device.

(3)

Noisy animals. Allowing any animal to cause any sound or noise such that it is plainly audible.

a.

Inside the confines of the dwelling unit, house or apartment of another person at least once a minute for ten consecutive minutes; or

b.

At 100 or more feet from the animal at least once a minute for ten consecutive minutes.

However, this prohibition shall not apply to animal sounds or noises arising between the hours of 7:00 a.m. and 11:00 p.m. on the premises of any commercial kennel, animal boarding place, small animal hospital, veterinarian hospital, or veterinarian clinic, as those terms are defined in chapter 24, or any county animal shelter.

(4)

Trash and recycling collection. The creation of any sound or noise between 12:00 midnight and 6:00 a.m. that is plainly audible in a residential area, except those areas zoned for urban mixed use, when the sound or noise is produced in connection with the loading or unloading of refuse, waste or recycling collection vehicles.

(5)

Street cleaning and construction. The creation of any sound or noise between 11:00 p.m. and 6:00 a.m. that is plainly audible in a residential area, except those areas zoned for urban mixed use, when the sound or noise is produced in connection with:

a.

The cleaning of streets or parking lots; or

b.

Construction or demolition activities.

(6)

Peddlers and hawkers. Yelling, shouting, whistling, screaming or crying for the purpose of attracting attention to a performance, show, sale or display of merchandise between the hours of 11:00 p.m. and 7:00 a.m. on any public street, sidewalk or parking lot or any privately owned street, sidewalk or parking lot open to the public, except to summon aid in an emergency.

(7)

Amplified sound from vehicles. Playing, using or operating, or permitting the playing, use or operation of, any radio, stereo, tape player, compact disc player, loudspeaker or other electronic device or mechanical equipment used for the amplification of sound, which is located on or within a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet or more. The provisions of this subsection shall not apply to the playing of music or jingles by an ice cream truck or similar mobile food service vehicle, provided such vehicle may emit sounds otherwise prohibited by this subsection only between the hours of 7:00 a.m. and 9:00 p.m.

(8)

Lawn care activities. Creating any sound or noise plainly audible in residential areas between 11:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal or other landscaping, lawn or timbering activities. The provisions of this subsection shall not apply to sound or noise generated by the maintenance of recreational facilities such as golf courses and ball or playing fields.

(Code 1980, § 15-9; Code 1995, § 10-73; Ord. No. 908, 10-11-1995; Ord. No. 1141, § 3, 2-23-2010; Ord. No. 1192, § 1, 3-11-2014)

(Code 1980, § 15-9; Code 1995, § 10-73; Ord. No. 908, 10-11-1995; Ord. No. 1141, § 3, 2-23-2010; Ord. No. 1192, § 1, 3-11-2014)