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The following acts are declared to be per se violations of this chapter. It includes, but is not limited to:

A. Unreasonable Noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion, or vibration in any residential dwelling, place of business, or upon any highway, park, or other place or building. The ordinary and usual sounds, noises, commotion, or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent noise-sensitive areas or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.

B. Sound Amplification Devices. Except as allowed by a City special event permit, the unreasonably loud and raucous use or operation of a sound-amplifying device between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas:

1. Within or adjacent to a noise-sensitive area.

2. Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud or raucous.

C. Yelling, Shouting, and Similar Activities. Yelling, shouting, hooting, whistling, or singing in a residential area or in a public place, between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable individuals of ordinary sensitivities. This subsection is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing, or other factors not based on content.

D. Construction and Similar Activities.

1. The erection, excavation, demolition, alteration, or repair of a building in a residential area or within 300 feet of a noise-sensitive area, other than between the hours of 7:00 a.m. and 7:00 p.m., except in case of urgent necessity in the interest of the public welfare and safety, and then only with an emergency permit granted by the building official for a period not to exceed 10 days. The permit may be renewed for periods of five days while the emergency continues to exist.

2. The owner of property may do work on property actually occupied by the owner between the hours of 7:00 a.m. and 10:00 p.m. without obtaining an emergency permit as required by this subsection.

E. Noise – Sensitive Areas. The creation of any unreasonably loud and raucous noise adjacent to any noise-sensitive area while it is in use, and which unreasonably interferes with the workings of the noise-sensitive area or which disturbs the individuals in the noise-sensitive area.

F. Blowers and Similar Devices. In a residential area or noise-sensitive area, between the hours of 7:00 p.m. and 7:00 a.m., the operation of any noise-creating blower, power fan, or any internal combustion engine; provided, that the noise from the blower, power fan or internal combustion engine can be heard across the property line from which it emanates.

G. Commercial Establishments Adjacent to Residential Property. Unreasonably loud or raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m., which is plainly audible at the nearest property line of a noise-sensitive area.

H. Vehicle Horns, Signaling Devices and Similar Devices. The sounding of any horn, signaling device, or other similar device, on any motor vehicle on a highway or premises open to the public for more than 10 consecutive seconds. The sounding of any horn, signaling device, or other similar device, as a danger warning, is exempt from this prohibition.

I. Loading or Unloading. The creation of unreasonably loud, raucous and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.

J. Nonemergency Signaling Devices. Sounding or permitting the sounding of any amplified signal from any bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place for more than 10 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 subsection.

K. Emergency Signaling Devices. The intentional sounding or permitting the sounding of any emergency signaling device, including fire alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsections (K)(1) and (2) of this section.

1. The testing of an emergency signaling device occurring 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 any calendar month.

2. Sounding or permitting the sounding of any alarm system that terminates within 15 minutes of activation unless an emergency exists. If a false alarm occurs more than twice in a calendar month, then the owner or person responsible for the alarm system shall be in violation of this chapter.

L. Radios, Televisions, Boomboxes and Similar Devices. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any individual other than the player or operator of the device, and those who are voluntarily listening to the sound, and:

1. Which unreasonably disturbs the peace, quiet, and comfort of residents and passers-by, or is plainly audible at a distance of 50 feet from the device in a commercial area or public space; or

2. Which unreasonably disturbs the peace, quiet, and comfort of residents in a residential area or noise-sensitive area.

M. Animals and Birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls, or otherwise cares for the animal or bird. [BC 5.15.030, added by Ordinance No. 4679, 3/1/16]