§ 50-31. Noises prohibited.

The following acts are declared to be per se violations of this article when the sound levels exceed the limits listed in section 50-30. This list does not constitute an exclusive list:

(1)

Signaling devices. Sounding or permitting sounding any amplified signal from any bell, chime, siren, horn, whistle or similar device, intended primarily for non-emergency purposes from any place for more than ten consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of religious worship, seasonal contribution solicitors, or by the city for traffic control purposes are exempt from the operation of this provision.

(2)

Emergency signaling devices. The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, horn, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsection a. below. Local, state, and federal governments are exempt from this prohibition.

a.

Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month.

(3)

Construction or repair of buildings, excavation of streets and highways: the construction, demolition, alteration or repair of any building or the excavation of street and highways other than between the hours of 7:00 a.m. and 10:00 p.m. Local, state, and federal governments are exempt from this prohibition. In cases of emergency, construction or repair noises are exempt from this provision. In non-emergency situations, the following shall apply:

a.

If the superintendent of public works determines that the general public will not be unreasonably disturbed by the erection, demolition, alteration or repair of any public improvement outside the above stated hours, the superintendent of public works may issue written permission to conduct construction or repair of buildings between the hours of 10:00 p.m. and 7:00 a.m. of the following day. The written permission shall grant permission in nonemergency cases for a period of not more than seven days. The permit may be renewed at the discretion of the superintendent of public works.

b.

If the superintendent of public works should determine that the general public will not be unreasonably disturbed by the construction or excavation of roadways and sidewalks between the hours of 10:00 p.m. and 7:00 a.m. of the following day, the superintendent of public works may issue written permission upon application. The written permission shall grant permission in nonemergency cases for a period of not more than seven days. The permit may be renewed at the discretion of the superintendent of public works.

(4)

Jake brake. Any mechanical exhaust device designed to aid in the braking or deceleration of any vehicle by converting engine power to compressed air, causing a loud, unusual or explosive noise from such vehicle; and the use of such devices disturbs the public within an area where such sound is audible. It shall be an affirmative defense that the person operating, or causing to be used or operated such mechanical exhaust device in circumstances where it was necessary to avoid injury or an accident.

(Ord. No. 4700, § 1, 3-1-2010)