§ 32-33. Excessive, unnecessary noise; noisemaking and amplifying devices.

As used in this section:

(1)

In the case of residential premises and commercial premises, the term "excessive noise" means sound amplified by electrical or mechanical means or any combination thereof on the said premises and which are audible at a distance of 75 feet beyond said premises. In the case of motor vehicles, the term "excessive noise" means sound produced by radio, television, loudspeakers, musical equipment or devices, within the interior or on the exterior of motor vehicles, which is audible at a distance of 75 feet. The term "any person" is defined as including, but not limited to:

a.

The property owner;

b.

The business owner;

c.

The business manager;

d.

Any agent of the aforementioned; and

e.

The resident occupant or occupants.

(2)

It is declared to be a nuisance and detrimental to the health of the citizens of the city for any person to produce excessive noise, including the generation of sound that causes the disturbance or disruption of the affairs of any person within a dwelling or other structure, immovable or movable or on the streets, alleys, highways and public areas of the city. It shall be unlawful to create or allow any excessive noises emanating from any residential premises or commercial premises which are audible at a distance of 75 feet beyond said premises. It is further declared to be a nuisance and detrimental to the health and safety of the citizens of the city for any person to produce excessive noise from motor vehicles, including the generation of sound produced by radio, television, loudspeakers, musical equipment or devices, within the interior or on the exterior of motor vehicles, which is audible at a distance of 75 feet beyond said motor vehicle.

(3)

Any person convicted of violating the provisions of this section shall be punished pursuant to section 1-9.

(4)

The provisions of this section do not apply to the following:

a.

The use of a horn, alarm or other warning device which has as its purpose the signaling of unsafe or dangerous situations or to summon the assistance of law enforcement when used for such purpose.

b.

Any person who has a valid permit authorizing an activity which is likely to produce loud or excessive sound or noise, including an outdoor concert.

c.

The use of a carillon or bell or to other sounds emanating from or on a building or property used primarily as a church, synagogue or school.

d.

The use of all publicly owned buildings, structures or vehicles while engaged in public business.

(5)

The city administration is authorized to issue permits for the use of amplifying equipment or devices in accordance with this section under the following conditions:

a.

Only temporary permits may be issued and such permits may not exceed three days.

b.

Temporary permits may not be issued consecutively to any person, entity or enterprise, or their agents, so as to defeat the prohibitions set forth in this section. The term "consecutively" is defined to mean at any time within a six-month period.

c.

Temporary permits may not be issued to a permanent business establishment within the city. The term "permanent business establishment" is defined as anyone or any entity obtaining an occupational license within the city.

d.

A charge will be levied for each application for a permit to cover administrative expenses in connection with the issuing of the permit. The application fee shall be in an amount as established by the mayor and city council, from time to time.

e.

The city administration may use discretion in the issuance of any request for a permit and may consider, including, but not limited to, the location of the proposed activity, the nature of the proposed activity, the time of the proposed activity and any and all other factors that concern the health, safety, and welfare of the residents of the city.

(Ord. No. 2011-06, 7-5-2011)