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A. Unreasonable Noise Prohibited.

1. It is hereby declared to be a public nuisance, and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store or any place of public amusement, entertainment or accommodation, to play or permit to be played, without first obtaining the written permission from the city manager or city council, any music or musical instrument or instruments whether played by individuals, orchestra, radio, phonograph, music box or other mechanical device or means in such a loud or unusual manner as to be offensive to the senses, or so as to disturb the slumber, peace and quiet, or otherwise interfere with or annoy the comfortable enjoyment of life or property of any person and is no less a nuisance because the extent of the annoyance inflicted is unequal.

2. It is unlawful to play, operate, or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle shall have first applied to and received permission from the city manager or city council to operate any such vehicle so equipped.

3. It shall be unlawful for any person to make or continue, or cause or permit to be made or continued, any excessive, unnecessary or offensive noise which disturbs the peace or quiet of any adjoining property or neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, including, but not limited to, the keeping of any animals that disturb the peace by the emission of unreasonable loud noises at any time of the day or night.

4. It shall be unlawful for any person within any residential area of the city to repair, rebuild or test any motor vehicle between the hours of 8:00 p.m. of one day and 5:00 a.m. of the next day in such a manner as to create an excessive, unnecessary or offensive noise that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance. Notwithstanding the foregoing, construction or repair work shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m. on any Saturday, Sunday or holiday, unless such other times are allowed by written authorization as set forth in subsection (B) of this section.

5. It shall be unlawful for any person, between the hours of 8:00 p.m. and 5:00 a.m. the following day, to operate or maintain equipment or perform any outside construction or repair work on buildings, structures or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device within 1,000 feet of a completed residential structure. This prohibition shall further extend to all construction-related activity, including set-up work and travel to and from the construction site, and under no circumstance shall construction travel which passes within 1,000 feet of a completed residential structure occur outside the times set forth herein, unless such other times are allowed pursuant to subsection (B) of this section. On Saturday, Sunday or any holiday recognized by the city, such construction or repair work shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m., unless such other times are allowed by written authorization as set forth in subsection (B) of this section.

B. Exceptions.

1. Repealed.

2. Construction and repair work otherwise may be conducted at different times and at higher noise levels than otherwise permitted, if upon written application, a permit is obtained beforehand from the city. The permit shall be kept on the work site and shown to city officials or the city law enforcement agent on request. In granting such permit, the city manager or his designee shall consider if construction noise in the vicinity of the proposed work site would be less objectionable at night than during the daytime because of different population levels or different neighboring activities; if obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during the daytime; if the kind of work to be performed emits noises at such a low level as to not cause significant disturbance in the vicinity of the work site; if the neighborhood of the proposed work site is of such a character wherein sleep could be disturbed; if great economic hardship would occur if the work was spread over a longer time; if the work will abate or prevent hazards to life or property; if proposed early morning or night work is in the general public interest; and the city manager shall prescribe in the permit such allowable conditions, working times, types of construction equipment to be used, and permissible noise emissions as he deems to be required in the public interest.

3. Other work, activities or actions that otherwise would violate subsection (A) of this section may be conducted at different times and at higher noise levels than otherwise permitted, if upon written application, a permit is obtained beforehand from the city. The permit shall be kept on the site and shown to city officials or the city law enforcement agent on request and the city manager or council may prescribe in the permit such allowable conditions, times, restrictions and permissible noise emissions as he deems to be required in the public interest.

4. The following additional uses and activities shall be exempt from the provisions of this section:

a. Noises from the normal operation of railroad trains;

b. Noise created by any city vehicle, equipment or facility while being operated for official use;

c. Operation of agricultural equipment in connection with farming operations;

d. Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations or air traffic control instructions issued pursuant to or within duly adopted federal air regulations, together with any noise created by aircraft operated under, or pursuant to, declaration of an emergency under federal air regulations.

e. Noises resulting from emergency work, which for purposes of this section, shall mean work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency which has or may result in a disruption of service and which is necessary to protect the health, safety and welfare of persons or property. [Ord. 10-03 § 1; Res. 10-13 § 1; Ord. 17-05; Ord. 05-09; Code 2004 § 10-1-9.]