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2008-07-23 CC Agenda & Work Session
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2008-07-23 CC Agenda & Work Session
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7/23/2008 9:34:12 AM
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<br />(A) Prohibitions. The City Council finds within the city, certain loud, avoidable, unnatural and <br />unnecessary noises, which under certain circumstances and conditions constitute a serious threat to the <br />health, welfare, contentment and the feeling of well-being of the residents. Excessive noise degrades <br />the environment of the city and the city has a substantial and, in some situations, compelling interest in <br />controlling this noise. <br /> <br />(1) General prohibition. <br /> <br />(a) No person shall make or cause to be made any distinctly and loudly audible, <br />continuous, objectionable noise due to intermittence, frequency, beat, shrillness or intensity that <br />annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any <br />person or precludes his or her enjoyment of property or affects the property's value. <br /> <br />divisions. <br /> <br />(b) This general prohibition is not limited by the specific restriction of the following <br /> <br />(2) Exhaust. No person shall discharge the exhaust or permit the discharge of the exhaust of <br />any steam engine, stationary internal combustion engine, motor boat, motor vehicle or snowmobile <br />except through a muffler or other device that effectively prevents loud or explosive noises therefrom <br />and complies with all state laws and regulations. <br /> <br />(3) Loading, unloading. unpacking. No person shall create loud and excessive noise in <br />loading, unloading or unpacking any vehicle between the hours of 10:00 p.m. and 7:00 a.m. <br /> <br />(4) Radios, phonographs, paging systems and the like. <br /> <br />(a) No person shall use or operate or permit the use or operation of any radio receiving <br />set, musical instrument, phonograph, paging system, machine or other device for the production or <br />reproduction of sound in a distinct and loudly audible manner. <br /> <br />(b) Operation of any such set, instrument, phonograph, machine or other device between <br />the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible 50 feet from outside the <br />property line ofthe structure or building in which it is located, in the hallway or apartment adjacent, or <br />at a distance of 150 feet if the source is located outside a structure or building shall be prima facie <br />evidence of a violation of this section. <br /> <br />(c) These measurements and decibel readings will be taken per this section. <br /> <br />(5) Participation in noisy parties or gathering. <br /> <br />(a) No person shall participate in any party or other gathering of people giving rise to <br />continuous noise, disturbing the peace, quiet or repose of another person. <br /> <br />(b) When a police officer determines that a gathering is creating a noise disturbance, the <br />officer may order all persons present, other than the owner or tenant of the premises where the <br />disturbance is occurring, to disperse immediately. <br /> <br />n""A <br />
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