§ 17-33. Loud and offensive noise.

It shall be unlawful for any person to create, cause or maintain any loud, offensive noise within the limits of the city. The creation of noise by any of the following methods shall be deemed loud and offensive:

(1)

Horns, signaling devices, and the like.

a.

The sound of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except when used as a warning of danger or emergency.

b.

The sound of any horn or signaling device for an unreasonable period of time.

c.

The sound of any horn or signaling device except one operated by hand or electricity.

d.

The use of any horn, whistle, or other signaling device operated by engine exhaust.

e.

The use of any horn or signaling device when traffic is for any reason stopped.

f.

Any alarm, bell, siren or whistle which sounds continuously for five or more minutes.

(2)

Radios, phonographs and similar devices.

a.

The use, operation, or playing of any radio, phonograph, musical instrument, loudspeaker, sound amplifier, or other device for the production or reproduction of sound in a manner that is disturbing to the peace, quiet and comfort of inhabitants of an adjacent room, building, property or public rights-of-way.

b.

The use, operation, or playing of any radio, phonograph, musical instrument, loudspeaker, sound amplifier or other device for the production or reproduction of sound in a manner that is plainly audible at a distance of 50 feet from the radio, phonograph, musical instrument or other device between the hours of 12:00 midnight and 8:00 a.m.

c.

The use, operation, or playing of any radio, phonograph, musical instrument, loudspeaker, sound amplifier or other device for the production or reproduction of sound in a manner that is plainly audible, outside a building, in any area open to the public or on public rights-of-way for the purpose of commercial advertising or to attract attention of the public to the building or area.

(3)

Animals, birds and the like. The keeping of any animal or bird which causes frequent or loud continuous sound that disturbs the peace, quiet or comfort of any person more than 20 feet from the animal or bird.

(4)

Defect in vehicle or load.

a.

The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle engine, except through a muffler or other device equivalent to the original equipment which effectively prevents loud or explosive sounds from being emitted.

b.

The use of any motor vehicle which is loaded or improperly repaired so as to make when being operated loud grating, grinding, or rattling sounds that disturb the peace, quiet or comfort of any person.

c.

The loud and excessive sounds created in the loading or unloading of a vehicle or the opening or destruction of bales, boxes, crates or containers.

d.

The causing of a screeching noise from the tires that occurs while putting a motor vehicle in motion.

e.

The operation of any motor vehicle without a standard muffler.

(5)

Schools, churches, courts, hospitals or governmental buildings. The creation of sounds near any school, institution of learning, church, court, hospital or governmental building which disturbs the peace, quiet or comfort of occupants of buildings used by such institutions.

(6)

Blowers. The operation of any blower, air conditioner, power fan or internal combustion engine which causes sounds in excess of those provided in the permissible noise level standards of this section. Notwithstanding this paragraph, portable generators may be operated during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage.

(7)

Industrial or commercial operations. The creation of any sound associated with commercial or industrial operations in excess of those provided in the permissible noise level standards of this section.

(8)

Construction or repair. The outdoor activity of alteration, construction, demolition, erection, excavation, or repair of any building, structure, or property at any time between the hours of 8:00 p.m. and 7:00 a.m., except when a catastrophe or emergency situation requires such activity to preserve and protect human life or public health and safety. In the event of a catastrophe or emergency, such activity between the hours of 8:00 p.m. and 7:00 a.m. can only occur after the first 12 hours following the catastrophe or emergency when a permit has been issued by the city administrator, who must determine that such activity is required to preserve and protect human life or public health and safety. The permit is to be for a specific period of time not to exceed three days but may be renewed for a specific period of time not to exceed three days when the city administrator determines that such activity is required to preserve and protect human life or public health and safety. The permit may be renewed as many times as necessary. All activities by government authorities or public utilities are exempt from the hours limitations and permit requirements when (i) the activities are in response to a catastrophe or emergency; and/or (ii) the activities are required for the maintenance or repair of recreational facilities of the city.

(9)

Explosives and fireworks. The firing of fireworks or explosives of any kind without a permit from the board of aldermen.

(10)

Noise level standards. Sound in excess of the noise level standards of the county noise control code as presently adopted and hereafter amended as chapter 625 of the county code is hereby adopted as the city noise control code with the following deletions or additions:

a.

Section 625.020(9) is deleted and will read as follows: "(9) Daylight hours: 7:00 a.m. to 9:00 p.m., prevailing local time."

b.

Section 625.020(10) is deleted and will read as follows: "(10) Director: The city administrator or his authorized agent or deputy."

c.

Section 625.020(18) is deleted and will read as follows: "(18) Nighttime hours: 9:00 p.m. to 7:00 a.m., prevailing local time."

d.

Section 625.070(5) is deleted.

e.

Section 625.070 is amended to add: "(11) Activities conducted or approved by the State of Missouri or any governmental subdivision authorized under the laws of Missouri are exempt from the noise level standards of the noise code."

f.

Sections 625.080, 625.090, 625.100, 625.110, 625.120, 625.160, 625.180, and 625.200 are deleted.

g.

When any section of the noise code of the county specifies a fine or term of imprisonment, it shall be modified to be the penalty provided in section 1-6, pertaining to the general penalty and continuing violations, of the Code of Ordinances of the city, as presently enacted or hereafter amended.

(11)

In any court proceeding, the court will accept as evidence any noise level test that is conducted as required by the applicable noise standard of the American National Standards Institute.

(Ord. No. 17-03, § 1, 2-13-17)