§ 7.68.02. Prohibited acts.

The following acts, and the causing thereof, are declared to be in violation of this chapter:

A.

Engine exhaust. The discharge into the open air or the exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device which will effectively prevent loud and disturbing noises therefrom.

1.

Every motor vehicle shall at all times be equipped with a factory-installed muffler of one duplicating factory specifications, in good working order and inconstant operation, to prevent excessive or unusual noise and annoying smoke.

2.

No person shall use on a motor vehicle upon the public roads, highway, streets, or alley of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection A.1., cutout, bypass, similar device, or any type device which produces excessive unusual noise or smoke.

B.

Jake brakes. The creation or emission of engine of exhaust noise through the use of "jake brake" or other similar engine compression retarding device so as to create a loud or disturbing noise, except when such devices are used as a safety device.

C.

Radios, television boomboxes, phonographs, stereos, musical instruments and similar devices. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passers-by, or is plainly audible at a distance of fifty (50) feet from any person in a commercial, industrial area, or public space. The use of operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise sensitive areas, including multi-family or single-family dwellings.

D.

Motor vehicle radios, vehicle horns, signaling devices, and similar sound devices. Using, operating or permitting to be played any radio, music player, or audio system in a motor vehicle which produces or reproduces sound in such manner as to cause a loud and disturbing noise which is plainly audible to persons other than the occupants of said vehicle. Phrases need not be discernible and bass reverberations are included. Plainly audible means any sound produced by a sound amplification system from within the vehicle.

The sounding of any horn, signaling device or other similar device on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the city for more than ten (10) consecutive seconds. The sounding of any horn, signaling device, or other similar device, as a danger warning is exempt from this prohibition.

Sounding or permitting sounding of any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes from any place for more than ten (10) consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors or by the city for traffic control purposes are exempt from the operation of this provision.

The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsections A.1. and A.2.:

1.

Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month.

2.

Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, in accordance with Ord. No. 2003-40.

E.

Building construction or repair. The erection including excavating, demolition, alteration or repair of any building so as not to create a loud and disturbing noise between the hours of 10:00 p.m. until dawn on Monday through Saturday, except in case of urgent necessity in the interest of public health and safety and then only with a permit from the city inspector/code enforcement, which permit may be granted only while the emergency exists. If the city inspector/code enforcement should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration or repair of any building or the excavation or repair of any building or the excavation of streets within the hours of 10:00 p.m. and dawn Monday through Saturday or on Sunday, he may grant permission for such work to be done within such hours or within time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work.

F.

Animals and birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird. Sounds made by animals or birds in animal shelters, kennels, veterinary hospitals, pet shops or pet kennels, licensed under and in compliance with licensing and permitting provisions set forth by the city are exempt from this subsection.

G.

Loading and unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and dawn the following day in such a manner as to cause a noise disturbance across a residential real property boundary.

H.

Domestic power tools. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, snow blower, or similar device used outdoors in residential areas between the hours of 10:00 p.m. and dawn the following day so as to cause a noise disturbance across a residential real property boundary.

I.

Loudspeakers, amplifiers, public address systems, and similar devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas:

1.

Within or adjacent to residential or noise-sensitive areas;

2.

Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous.

This shall not apply to any public performance, gathering or parade for which a permit has been obtained from the city.

( Ord. No. 2005-5, § 2 )

State law reference

Noise and smoke producing devices prohibited, A.C.A. § 27-37-601