§ 42-81. Specific noises and lights prohibited.

In addition to the maximum permissible sound or light levels set out in this article, and unless otherwise exempted by this article or by act of the city, the following specific acts, or the causing or permitting thereof, are hereby declared to be in violation of this article:

(1)

Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile or other vehicle, except as a danger warning; the soundings of any signaling device for any unnecessary or unreasonable period of time; and the unreasonable use of any signaling device.

(2)

Loudspeakers, public address systems. Using or operating for any purpose any loudspeaker, public address system or similar device such that the sound therefrom creates a noise disturbance within a noise sensitive zone.

(3)

Animals. Owning, possessing or harboring any animal which frequently or for continued duration of 15 minutes or longer howls, barks, meows, squawks or makes other sounds which create noise disturbance across a residential real property boundary or within a noise sensitive zone. However, this subsection is not intended to apply to animal sounds which are normal and customary as to intensity, volume and duration and which emanate from ranching, farming or similar activities in areas properly zoned therefor; neither is this subsection intended to apply to animal sounds which are normal and customary as to intensity, volume and duration, and which emanate from an animal shelter, kennel, zoo or similar activity in areas properly zoned therefor.

(4)

Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper town authorities.

(5)

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(6)

Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

(7)

Loading, unloading, opening boxes. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.

(8)

Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m., Monday through Saturday, or between 6:00 p.m. and 10:00 a.m. on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day in such a manner as to cause a noise disturbance across a residential property boundary or within a noise sensitive zone, except for emergency work by public service utilities or by special permit approved by the city.

(9)

Noise sensitive zones:

a.

Creating or causing any excessive and unnecessary noise within or adjacent to any noise sensitive zone containing a hospital, nursing home, school, courthouse, church or other designated area; provided, that conspicuous signs are displayed indicating the presence of the noise sensitive zone. Noise sensitive zones are those zones created by resolution of the city council upon a finding that the subject area contains a land use which is sensitive to or subject to adverse reactions from noise.

b.

Creating or causing any sound within any noise sensitive zone so as to exceed the decibel levels set forth for such zone when measured at a distance of 25 feet from the sound source; provided, that conspicuous signs are displayed indicating the presence of the noise sensitive zone.

(10)

Motor boats. Operating or permitting the operation of any boat in any lake, river, stream, canal, bay or other waterway in such a manner as to cause unnecessary and excessive noise within a residential area or noise sensitive zone, or to exceed 85 dBA when measured at least 50 feet from the craft (single incident in any mode of operation).

(11)

Multifamily dwellings. Operating or permitting the operation within a multifamily dwelling of any source of sound in a manner so as to exceed 55 dBA from 7:00 a.m. to 10:00 p.m. when measured within an adjacent intrabuilding dwelling. The maximum permissible sound level, when measured in an adjacent intrabuilding area between 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be 50 dBA.

(12)

Recreational motorized vehicles operating off public right-of-way. No person shall operate or cause to be operated any recreational motorized vehicle, motorcycle, "moped," dune buggy, or any other type of motorized vehicle that exceeds the limits set forth in table I of section 42-80 off the public right-of-way in any residential or noise sensitive zone.

(13)

Train whistles. Every railroad train of a railroad company operating wholly within the state is hereby unconditionally prohibited from emitting an audible warning signal and/or sounding a railroad horn or whistle between the hours of 10:00 p.m. and 6:00 a.m. the next day in advance of any public at-grade crossing having train-activated automatic traffic devices, which include flashing lights, bells and crossing gates, and where the city has erected signs at such crossings announcing that railroad train horns and whistles shall not be sounded during the aforesaid hours.

(14)

Lights that do not provide a full cutoff at the property line. The direct light, illuminance, or glare from any luminaire that encroaches on the property of another. Luminaires that provide a full cut-off are those that do not emit any direct light, illuminance, or glare above a horizontal plane located at the lowest part of the luminaire, and that provide a vertical illumination at the property line of no more than 0.5 footcandles. Lights that violate this provision must be either removed, or the nuisance abated sufficiently by: reducing the intensity/brightness of the lighting; reducing the number of lighting fixtures; shielding; or re-directing the light to emit no more than 0.5 footcandles at the property line.

(Ord. No. 2008-21, § 1, 8-19-08)