11.2 SR 02-06-2023 - Laserfiche WebLink

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(4) Human noise. Yelling, shouting, screaming, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort, or repose of any persons in any office, dwelling, hotel, motel, other place of residence, or in the vicinity of the source. (5) Noisy animals. The frequent or continued barking, howling, or other noise from any animal or bird not confined within a building. (6) Vehicle loading and exhausts. The discharge of the exhaust of any motor vehicle into the ambient air except through a muffler which is free of holes, cracks, or other defects, or the operation, loading, or unloading of any motor vehicle in such manner as to create loud and unnecessary grading, grinding, rattling, or other noise which shall disturb the comfort or repose of any persons in the vicinity. (7) Construction and industrial activities. The erection, demolition, alteration, or repair of any building or earthmoving or excavation activities, or the operation of any industrial equipment, occurring between the hours of 9:00 p.m. and 6:00 a.m. Monday through Saturday or on Sunday, except as undertaken by persons working on single-family residences occupied by them or as authorized by the building inspector based upon an emergency for the protection of health and safety. (8) Creation of noise near school, court, church or hospital. Any activity which generates sound occurring adjacent a school, court, church, or hospital while the premises are in use and which unreasonably interferes with the use thereof. (9) Loud parties. Sound emanating from any party or gathering between the hours of 11:00 p.m. and 7:00 a.m. of a sufficient volume so as to disturb the peace, quiet, or repose of other persons within the city. It shall be prima facie evidence of a violation of this article if the sound of the party or gathering is audible to a human ear at a distance of 50 feet from the building or dwelling unit from which the sound emanates. Any person who participates in a party or gathering which generates nuisance noise shall be guilty of maintaining a public nuisance. If any party or gathering is determined by a city official to generate nuisance noise, all persons except the owner or permanent occupant shall promptly leave the premises in an orderly manner. A violation of this subsection shall be deemed to be the act of the owner of the residential dwelling unit wherein it occurs, as well as the persons on the premises who violate this subsection, except that the owner of a dwelling unit occupied by others shall be liable only for those violations occurring after a written notice of a violation of this subsection shall have been received. (Code 1982, §§ 500.12, 500.14) Sec. 46-40. Remedies and Abatement. (a) Injunctive Relief. Without affecting any other penalty provision in this division or elsewhere in City, at the direction of the City Administrator or their designee, the City may (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 10 of 13 224530v2