8.05.020 Unreasonable noise unlawful.
A. Violation. It is unlawful for any person to cause or make, or for any person to allow to originate from the property in and under his or her possession, ownership or control, any loud or raucous noise which unreasonably disturbs or interferes with the peace, comfort, or repose of others. While the ordinance codified in this chapter is in effect twenty-four hours a day, every day, the level of acceptable noise is lower between the hours of ten p.m. and seven a.m.
B. Definition. “Person,” as used in this chapter, means any natural person or persons, firm, corporation, partnership, association, business or any other legal or commercial entity.
C. Factors to Be Considered. In determining whether a noise is unreasonable under subsection (A) of this section, the following factors incident to such noise are to be considered: time of day; proximity to any residential structures, including proximity to dwelling units within the same or adjacent, multifamily structures or complexes; proximity to any school, church, hospital, nursing or convalescent facility, or human service facility; whether the noise is recurrent, intermittent or constant; the volume and intensity of the noise; whether the noise has been enhanced in volume or range by any type of electronic or mechanical means; whether the noise is typical of the routine normal operation of the type of business or industrial activity involved, giving consideration to the effects upon other allowed uses in the land use zone in which the business is located; whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.
D. Rebuttable Presumptions. The following noise is presumed unreasonable under subsection (A) of this section:
1. Noise emanation from a residence that can be heard one hundred feet beyond the estimated property line at any time of the day, or fifty feet beyond the estimated property line between the hours of ten p.m. and seven a.m.
2. Noise emanating from a person, machinery, equipment or vehicle that can be heard two hundred feet away at any time of day or fifty feet away between the hours of ten p.m. and seven a.m.; provided, however, that sound from motor vehicle sound systems such as tape players, radios, and compact disc players operated at a volume so as to be audible greater than fifty feet from the vehicle itself shall also be presumed unreasonable at any time.
E. Illustrative Enumeration. The following sounds or combinations of sounds are illustrative of the types of sounds which may, upon application of the factors in subsection (C) of this section and/or the presumptions in subsection (D) of this section, constitute unreasonable noise under subsection (A) of this section. This enumeration of sounds or combinations of sounds shall not be construed as excluding other sounds and noises which offend the public peace, comfort, or repose of others:
1. Sounds made by an animal, except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops or pet kennels licensed under this code shall be exempt from this subsection; provided, that notwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigation officer or if the animal is a repeated violator of this subsection, the animal may be impounded by an animal control officer or the investigating officer, subject to redemption in the manner provided by ordinance.
2. Sounds made by horn or siren, except such sounds that are made to warn of danger or that are specifically permitted or required by law.
3. Sounds made in connection with the starting, operation, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine.
4. Sounds created by the use of a musical instrument, or other device capable of producing sound when struck by an object, a whistle, sound amplifier, stereo, radio, compact disc player, television, motor vehicle audio system or other device capable of producing, amplifying, or reproducing sound.
5. Sounds made by the amplified or unamplified human voice, such as yelling, shouting, screaming and hooting.
6. Sounds made in connection with activities such as a band session, social gathering, tavern operation or liquor establishment, or commercial sales lot.
F. Content Not to Be Considered.
1. The content of any speech associated with a sound shall not be considered in determining a violation of this section.
2. Sounds emanating from church bells and/or religious PA systems shall not be considered in determining a violation of the section.