Sec. 5-11.05. Special noise sources.

        Special regulations and/or prohibitions are established on the following specific noise sources; provided, however, that unless otherwise excepted, the following noise sources must nevertheless comply with the noise level limits set forth in Section 5-11.04 of this chapter.

(a)    Animals. It is unlawful to keep, maintain or permit to be kept or maintained upon any premises, animals which make utterances, barks or cries which are so loud, so frequent and continued over so long a period of time that they deprive persons residing in two (2) or more separate residences in the neighborhood of the comfortable enjoyment of their home.

(b)    Car alarms, burglar alarms, horns and signaling devices. Unnecessary use or operation of car alarms, burglar alarms, horns and signaling devices, on automobiles, motorcycles or any other vehicles is prohibited. It is unlawful for any person to cause, allow or permit any motor vehicle alarm registered in the name of, or driven by, such person to emit any audible sound within the City for a period of more than ten (10) minutes. It shall also be unlawful for any property owner or lessee/tenant of a real property to allow a burglar alarm to sound for more than ten (10) minutes. The time shall be calculated based upon the emission of the first audible sound, and ten (10) minutes thereafter, notwithstanding any variation or delay in the emissions of audible sound. Any violation of this section is declared a public nuisance. In addition to other remedies, if a motor vehicle alarm continues to be activated, any police officer may have the vehicle removed from any zone in the City to abate such nuisance at the owner’s and/or responsible party’s expense. In the case of burglar alarms, the owner or lessee/tenant of the property shall be subject to a citation if the alarm sounds for more than ten (10) minutes.

(c)    Construction. Any person who operates powered construction equipment, erects, constructs, demolishes, excavates for, alters or repairs any building or structure within the City in such a manner as to cause noise to be received by any person beyond the boundaries of the property on which the construction work is occurring shall comply with the following:

(1)    Construction hours shall be limited to between 7:00 a.m. and 5:00 p.m. on weekdays. Construction activities authorized by a valid City permit may, as warranted by the project, exceed the noise level limits of Section 5-11.04 on a temporary and short-term basis during the authorized construction hours, as determined appropriate and necessary by the Community Development Director.

(2)    No construction work shall be performed on weekends or City holidays.

(3)    All construction equipment shall be operated with the standard factory silencer and/or muffler equipment attached and maintained in good working order.

Exception: A person may perform construction work on the person’s own property that results in noise being received by persons beyond the boundaries of the property between 8:00 a.m. and 6:00 p.m. on weekends providing such construction activity is for the purpose of improving the property where the work is being performed, is not carried on for profit or livelihood, and otherwise meets the noise level standards of Section 5-11.04 of this chapter.

(d)    Gardening and domestic power tools. No person shall operate any lawnmower, lawn edger, riding tractor or any other machinery, equipment or other mechanical or electrical device, or any hand tool which creates a loud, raucous or impulsive sound, within any residential zone or within any commercial zone which can be heard within any residential zone between the hours of 6:00 p.m. and 8:00 a.m. Use of such tools is prohibited on City holidays.

(e)    Leaf blowers.

(1)    Only electric powered leaf blowers may be used in the City. Leaf blowers powered by internal combustion engines are prohibited in the City. The operation of electric powered leaf blowers is permitted in residential zones providing the following conditions are met:

(i)     Hours of operation are limited to 8:00 a.m. to 5:00 p.m. weekdays and Saturdays. Operation is prohibited on Sundays and holidays.

(ii)    No cutting, refuse or debris is blown onto neighboring properties or into a street or gutter.

(iii)   The standard factory silencer shall be attached at all times and in good working order.

(2)    The operation of electric powered leaf blowers shall be permitted on parcels in non-residential zones under the following conditions:

(i)     Hours of operation are limited to 8:00 a.m. to 6:00 p.m. Operation is prohibited on City holidays.

(ii)    No cuttings, refuse or debris are blown onto neighboring properties or into a street or gutter.

(iii)   The standard factory silencer shall be attached at all times and maintained in good working order.

(3)    No business license shall be issued to any gardener and/or landscaper without proof of purchase of an electric leaf blower and a signed declaration that the company will not use prohibited leaf blowers or other prohibited equipment in the city.

(4)    The full blower nozzle extension shall be used for maximum efficiency and to minimize the spread of fugitive dust.

(5)    After leaf blower use, debris and waste materials shall be disposed of in trash receptacles or other equivalent container.

(6)    Leaf blowers shall be maintained in proper working order and all manufacturers’ noise and dust control equipment on the leaf blower shall remain on the blower and be in operating condition.

(f)    Libbey Bowl events.

(1)    All performances using sound amplification equipment in Libbey Bowl shall be in conformance with the adopted sound control plan for the Bowl. The sound control plan shall include such provisions as determined by resolution of the City Council.

(2)    Use of sound amplification equipment in Libbey Bowl shall be limited to the hours between 10:00 a.m. and 10:00 p.m.

(g)    Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner that causes a noise disturbance across the boundary lines of an adjacent property shall be prohibited. At all other times such loading and handling activities are subject to the noise level limits of Section 5-11.04 of this chapter.

(h)    Motor vehicle operation. The racing of the engine of a motor vehicle, allowing the engine to idle for longer than ten (10) minutes, or bringing a motor vehicle to a sudden start or stop are prohibited, except as required by an emergency. Operating a vehicle on public or private property in a manner that generates noise that is so loud, raucous or jarring that it disturbs or is a nuisance to any adjacent neighborhood or person residing in the neighborhood is prohibited.

(i)     Outdoor dining. Outdoor dining in commercial zones is prohibited between the hours of 11:30 p.m. and 6:00 a.m. Such hours of operation may be further restricted by the conditions of any permit that must be granted to approve outdoor dining.

(j)     Pool equipment. All pool motor pumps and filters shall be designed and constructed with sound attenuation devices that meet the requirements of the City Building Department.

(k)    Refuse collection. No person shall collect refuse or operate a street sweeping vehicle on a street or parking lot within or adjacent to a City residential area between the hours of 6:00 p.m. and 7:00 a.m.

(l)     Sound amplifying equipment (includes radios). The use or operation of sound amplifying equipment shall be subject to the following restrictions and prohibitions:

(1)    The type of amplified sound shall be limited to either music or human speech, or both.

(2)    The use or operation of sound amplifying equipment shall comply with the noise level limits set forth in Section 5-11.4.

(3)    The volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to persons or domestic animals within the area of audibility.

(4)    It is unlawful for any person to operate a radio, stereo, compact disc player or other sound amplifying equipment on the public right-of-way or public land in a manner that exceeds the noise level limits established for adjacent properties or is plainly audible to the human ear at a distance of thirty-five (35) feet from the source, unless the operation of such equipment is part of a special event sponsored by the City or is otherwise permitted pursuant to the provisions of subsection (f) of this section.

(5)    The operation of any radio, compact disc or tape player on a public transit bus or trolley so as to emit noise that is plainly audible to any other person in the vehicle shall be prohibited.

(m)   Street sweeping vehicles. No person shall collect refuse or operate a street sweeping vehicle on a street or parking lot within or adjacent to a City residential area between the hours of 6:00 p.m. and 5:00 a.m.

(n)    Yelling, shouting, etc. Disturbing or raucous yelling, shouting, hooting or whistling on the public streets and sidewalks is prohibited.

(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 1, Ord. 736, eff. April 22, 1999, § 2, Ord. 887, eff. August 9, 2018, § 2, Ord. 906, eff. April 29, 2020, and § 2, Ord. 930, eff. September 14, 2022)