§ 9.10.010. Non-permitted noises.

(A)

No commercial landscape maintenance companies, tree cutting or trimming services or the like; or their contractors or employees may engage in noise making activities outside the hours of 7:00 a.m. to 6:00 p.m. Monday through Saturday. No noise making activities may be performed on Sunday. These activities consist of, but are not limited to, use of a motorized lawn mower, weed eater, hedge trimmer, leaf blower, mulcher or chain saw.

(B)

No person may make, assist in making, continue or cause to be made any loud, disturbing or unnecessary noise which either annoys, disturbs, injures or endangers the comfort, repose, health, safety or peace of others.

(C)

The noise-generating activities involved with earthmoving and construction, including, but not limited to, excavation, material transportation, building or demolition, alteration or repair of a structure or infrastructure in all districts, other than between the hours of 7:00 a.m. and 6:00 p.m. weekdays and Saturdays, shall not be permitted. There shall be no commercial construction related work on Sundays.

(D)

The conducting, operating or maintaining of a commercial garage within 100 feet of a private residence, apartment, rooming house or hotel in such a manner as to cause loud or disturbing noises to be emitted therefrom between approved business hours shall not be permitted.

Any variance to these hours will require approval of the City Council. In extenuating circumstances exceptions may be made in case of urgent necessity in the interest of public welfare and safety and then only with a permit granted by the Police Department for a period not to exceed five days. Such permit may be renewed for periods of an additional five days while such emergency continues to exist. The above time restrictions do not apply to construction activities performed by the resident of the property on which the work is being performed; however, they do apply to employees, agents or contractors of the resident;

(E)

Additional loud, disturbing and unnecessary noises in violation of this section include, but are not limited to, the following:

(1)

The use of a vehicle or engine, either stationary or moving, which is out of repair, loaded or operated as to create any loud or unnecessary grating, grinding, rattling or other noise;

(2)

The sounding of a horn or signaling device on a vehicle on a street or public or private place, except as necessary to avert or warn of danger;

(3)

The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise thereby created is effectively muffled;

(4)

The use of any gong or siren upon any vehicle other than police, fire or other duly authorized emergency vehicle;

(5)

The creation of an excessive noise on a street adjacent to a school, institution of learning, church, place of internment, or court of justice;

(6)

The discharge in the open air of the exhaust of a steam engine, internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises and the emission of annoying smoke;

(7)

The use or operation of any musical, entertainment or vocal generating device, loudspeaker or any instrument for sound producing or any sound-amplifying device so loudly as to disturb persons or organizations;

(8)

The making of a noise by crying, calling or shouting or by means of whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device for the purpose of advertising goods, wares or merchandise or of attracting attention or of inviting patronage of a person to a business without prior permission; permission may be required from the City Council, an approved planning application and/or an event packet;

(9)

The keeping of any animal or bird or fowl, including, but not limited to, chicken, rooster, duck, turkey, or peacock, which by frequent or loud continued noise shall disturb the comfort and repose of any person in the vicinity.

(Code 1981, § 8.04.150; Ord. No. 370, 10-1-1991; Ord. No. 374, 2-18-1992; Ord. No. 440, 1-16-1996; Ord. No. 561, 5-17-2006; Ord. No. O2017-003, § 1 (Exh. A), 5-2-2017)