Wheatland Municipal Code Ch. 8.04 Noise Control

It is found and declared that:

A. The making and creation of excessive, unnecessary or unusually loud noise within the limits of the city is a condition which has existed for some time and the extent and volume of such noises is increasing;

B. The making, creation or maintenance of such excessive unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in their time, place and use affect and are a detriment in public health, comfort, convenience, safety, welfare and prosperity of the residents of the city.

C. The necessity in the public interest for the provisions and prohibitions contained and enacted in this chapter, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.

(Ord. 200 § 1 (part), 1972)

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

(Ord. 200 § 1 (part), 1972)

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive:

A. Horns, Signaling Devices, Etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.

B. Radios, Phonographs, Etc. The using, operating, or permitting to be played, used or operated anyradio receiving set, musical instrument, phonograph, or other machine or device for the producing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are on the premises, in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instruments, phonograph, machine or device between the hours of eleven p.m. and seven a.m. in such manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

C. Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

D. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of eleven p.m. to seven a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in dwelling, hotel or other type of residence or any persons in the vicinity.

E. Animals, Birds, Etc. The keeping of any animal or bird which by causing frequent or longcontinued noise shall disturb the comfort or repose of any persons in the vicinity.

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

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

H. Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of seven a.m. and ten p.m. on weekdays, except in case of urgent necessity in the interest of the public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector 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 within the hours of ten p.m. and seven a.m. and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of ten p.m. and seven a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.

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

J. Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

K. Hammers, Etc. The operation between the hours of ten p.m. and seven a.m. of any steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

L. Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled, and such engine is equipped with a muffler device sufficient to deaden such noise.

(Ord. 200 § 1 (part), 1972)

Nothing contained in this chapter shall limit the operations of the city or the operations of utilities franchised by the city when such operations are for the purpose of securing and promoting the public health, convenience, safety, welfare and prosperity of the city and its inhabitants.

(Ord. 204 § l, 1973)

A. Any person who violates any provision of this chapter or who fails to comply with any of its requirements is guilty of a misdemeanor and shall be punishable as provided in Chapter 1.16.

B. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(Ord. 200 § 1 (part), 1972; Ord. 412 §§ 26, 27, 2009)