§ 13-16. Noise.

(a)

Prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the corporate limits.

(b)

Nonexclusive enumeration. The following acts, among others, are declared to be in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:

(1)

Horns; signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle while not in motion, except as a danger signal, if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; or the creation by means of any such signal device of any noise for any unreasonable period of time;

(2)

Radio; phonograph; musical instrument. The playing of any radio, phonograph or musical instrument in such a manner or with such volume, particularly between the hours of 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or in any dwelling hotel or other type of residence, or of any persons in the vicinity;

(3)

Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any hospital, dwelling, hotel or other type of residence, or of any persons in the vicinity;

(4)

Animals, birds, etc. The keeping of any animal, bird or fowl which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the vicinity;

(5)

Defect in vehicle or load. The use of any automobile, motorcycle, streetcar or vehicle so out of repair or loaded in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise;

(6)

Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon the request of proper authorities;

(7)

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

(8)

Construction and repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building in any residential district or section, the excavation of streets or highways in any residential district or section other than between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Friday, except in case of urgent necessity, in the interest of public health and safety, and then only with a permit from the mayor, which permit may be granted for a period not to exceed thirty (30) days while the emergency continues. If the mayor should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest he may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work;

(9)

Schools; courts; churches; hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use or adjacent to any hospital, which unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in a hospital;

(10)

Loading; unloading. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;

(11)

Drums; loudspeakers generally. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by creation of a noise, to any performance, show, sale or display of merchandise;

(12)

Loudspeakers on trucks. The use of mechanical loud speakers or amplifiers on trucks or other moving or standing vehicles for advertising or other purpose without a permit from the city council;

(13)

Loudspeakers for advertising. The use or operation or the causing to be used or operated, in front of or outside of any building, place or premises, or through any window, doorway or opening of such building abutting upon the public street, or upon any public street any device or apparatus for tapping windows, or for amplifying sound from any radio or phonograph, or any sound-reproducing device; or

(14)

Hawkers; peddlers; vendors. The shouting or crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

(c)

Exceptions. None of the terms or prohibitions of this section shall apply to or be enforced against:

(1)

Any publicly owned vehicle while engaged upon necessary public business;

(2)

Excavations or repairs of bridges, streets or highways by or on behalf of any public agency during the night, when the public welfare and convenience render it impossible to perform such work during the day; or

(3)

The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character, and for which a permit is first obtained from the mayor.

(Code 1957, §§ 12-22, 12-22.1; Ord. No. 82-14, 12-21-82)

State law reference

Disturbing the peace, R.S. 14:103.

Cross reference

Animals, Ch. 4; buildings, Ch. 5; fire prevention and protection, Ch. 7; licenses and business regulations, Ch. 10; motor vehicles and traffic, Ch. 12; streets and sidewalks, Ch. 16.