8.12.080 Specific types of noise prohibited.

(A) Noise Disturbances Prohibited. No person shall unnecessarily make, continue or cause to be made or continued any noise disturbance.

(B) Specific Prohibitions. The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:

(1) Animals, Including Fowl. Keeping or maintaining, or permitting to be kept or maintained upon any premises owned, occupied or controlled by any person of any animal or animals which, by any frequent or long-continued noise, shall cause annoyance or discomfort to two or more reasonable persons of normal sensitiveness who reside in separate residences, including apartments and condominiums. However, the NCO or designee may proceed on the basis of a complaint from only one person if circumstances are determined to exist whereby a noise disturbance caused by an animal affects only one individual.

(a) Any noise which is audible continuously for ten minutes, or intermittently for thirty minutes shall be prima facie evidence of such annoyance or discomfort.

(b) Factors which may be used to evaluate excessive animal noise, include, but are not limited to:

(i) Pitch;

(ii) Pattern;

(iii) Duration;

(iv) Frequency of occurrence.

(2) Construction or Demolition.

(a) Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of seven p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by variance issued by the appropriate authority. This subsection shall not apply to the use of domestic power tools, as specified in subsection (B)(3) of this section.

(b) Noise Restrictions at Affected Properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedule:

Table 8.12.080

Noise Limits for Construction Activities

(3) Domestic Power Tools—Machinery.

(a) Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten p.m. and seven a.m. so as to create a noise disturbance across a residential or commercial real property line;

(b) Any motor, machinery or pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 8.12.040.

(4) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of ten p.m. and six a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 8.12.040.

(5) Loudspeakers, Amplified Sound. Using or operating for any purpose any loudspeaker, loudspeaker system or similar device, such that the sound therefrom creates a noise disturbance, or at any time violates the provisions of Section 8.12.040, except for any activity for which a variance has been issued by the NCO.

(6) Powered Motor Vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 8.12.040.

(7) Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound in such a manner as to create a noise disturbance, or at any time to violate the provisions of Section 8.12.040, except for activities for which a variance has been issued by the NCO.

(8) Street Sales.

(a) The solicitation, sale or advertising of any product or service by shouting or outcry within any residential or commercial area or noise-sensitive zone of the city, except by variance issued by the NCO;

(b) The provisions of this subsection shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events.

(9) Tampering with Noise Control Devices. The removal or rendering inoperative, other than for purposes of maintenance, repair or replacement of any noise-control device or element thereof, from any product required to meet specified noise emission limits under federal, state or local law, and the use of such product after its noise-control device has been removed or rendered inoperative, other than for purposes of maintenance, repair or replacement.