07-28-2025 - Agenda Packet City Council - regular meeting

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co N PUBLIC PROTECTION § 5.24.1050 (c) Exemptions. radio receiving set, musical instrument, (1) The levels prescribed in subsection (b) of phonograph, television, paging system, this section shall not apply to special machine or other device for production or events which have been granted a noise reproduction of sound in a distinctly and standards exemption by the city council. loudly audible manner so as to disturb Application for such exemption shall be the peace, quiet and comfort of any person made in a timely manner prior to the nearby. Operation of any such set, instru- event and may be approved if the city ment, phonograph, machine or other council finds that the proposed event will device between the hours of 10:00 p.m. not adversely affect the citizens of the and 7:00 a.m., in such a manner as to be city, and is otherwise consistent with the plainly audible at the property line of the public health, safety and welfare of the structure or building in which it is located, city. in the hallway or apartment adjacent, or at a distance of 50 feet if the source is (2) The levels do not apply to trains operat- located outside a structure or building, ing on the existing train tracks through shall be prima facie evidence of a viola - the city so long as the use complies with tion of this subsection. all other applicable county, state and (4) Social gatherings. federal standards and the use is not in any way expanded in terms of scope or a. No person shall participate in any duration. party or other gathering of people (Code 2003, § 58-119; Ord. No. 155(2nd series), giving rise to noise which disturbs § 8(9.24(2)), 2-10-1997) the peace, quiet or repose of the occupants of adjoining or other See. 5.24.1050. Prohibited noises. property. When a police officer determines that a gathering is creat- The city council declares that excessive noise ing such noise disturbance, the officer that unreasonably disturbs the peace, quiet or may order all persons present, other repose of persons of ordinary sensibility is a than the owner or tenant of the misdemeanor. No person shall make or cause to premises where the disturbance is be made any excessive noise nor as follows: occurring, to disperse immediately. (1) Horns, audible signaling devices, etc. No No persons shall refuse to leave person shall sound any signaling device after being ordered by a police officer on any vehicle except as a warning of to do so. Every owner or tenant of danger. such premises who has knowledge of the disturbance shall cooperate (2) Engine exhausts. No person shall with police officers and shall make discharge the exhaust or permit the every reasonable effort to see that discharge of the exhaust of any steam the disturbance is abated. engine, stationary internal combustion engine, motorboat, motor vehicle, b. A violation of this article shall be motorcycle, all -terrain vehicle, snowmobile deemed to be the act of the owner of or any recreational device except through the residential dwelling unit wherein a muffler or other device that effectively it occurs as well as the persons on prevents loud or explosive noises and the premises who violate the article, complies with all applicable state laws, except that the owner of the dwell - regulations and this article. ing unit occupied by others shall be liable only for those violations occur- (3) Radios, phonographs, televisions, paging ring after a written notice of the systems, etc. No person shall use or oper- violation of this article shall have ate or permit the use or operation of any been received. CD5:45