§ 74-26. Creation of loud and unnecessary noise prohibited.

(a)

It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise which either disturbs, injures or endangers the comfort, repose, health, peace or safety of other persons within the city. This prohibition shall include, but not be limited to, the playing of portable radios or recording devices in automobiles, trucks, and other motor vehicles as set out more particularly in subsection (b) of this section.

(b)

It shall be unlawful for any person to use, operate, or permit to be played, used or operated any radio or television receiving set, musical instrument, phonograph or other recording playback machine or device for the producing or reproducing of sound in such a manner as to disturb the quiet, comfort, repose, health, or peace of the neighboring inhabitants or at any time with louder volume than is necessary for the convenient hearing of the persons who are in the room, vehicle or immediate vicinity in which such machine or device is operated and who are voluntary listeners thereto.

(c)

The mayor and council delegates to the city manager the authority to permit outdoor functions and activities which are nontraditional, such as street dances, parking lot dances, and promotions, and similar activities and which might tend to produce high noise levels by way of amplified music or other sources. The intent of this subsection is to allow such activities under controlled conditions and where appropriate steps have been taken to reduce the likelihood of annoying or disturbing the peace and comfort of persons in the immediate vicinity of the proposed activity. This subsection is not intended to address or control traditional outdoor activities such as ball games, picnics, church-related and civic gatherings. The decision of whether to permit an activity covered by this section shall be that of the city manager under such terms and conditions as he deems necessary to meet the intent of this section.

(Code 1935, § 164; Code 1967, § 18-26; Ord. No. 601, § 1, 8-7-1990)