§ 11-101. Loud, unnecessary or unusual, etc., noises.

(a)

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 unreasonably or unnecessarily annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in the city. The provisions of this section shall not apply to:

(1)

Any vehicle of the city while engaged in necessary public business;

(2)

Excavations or repairs of streets by or on behalf of the city, county or state at night when public welfare and convenience preclude such work during the day; and

(3)

The reasonable use of amplifiers or loudspeakers in the course of public addresses that are noncommercial in character.

(b)

The following acts, among others, shall constitute a violation of this section but such enumeration shall not be deemed to be exclusive:

(1)

Horns, signaling devices, etc.

a.

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

b.

The creation of any unreasonably loud or harsh sound by means of any such signaling device and the sounding of any such device for an unreasonable period of time.

c.

The use of any signaling device, except a police whistle or a whistle operated by hand or electricity.

d.

The use of any horn, whistle or other device operated by engine exhaust and the use of any such signaling device when traffic is held up for any reason.

(2)

Radios, phonographs, etc. Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants, or at any time with a louder volume than is necessary for the convenient hearing of all persons 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 device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building or structure or at any time from a distance of one hundred (100) feet from a motor vehicle in which it is located shall be prima facie evidence of a violation of this section.

(3)

Loudspeakers, amplifiers, etc., for advertising.

a.

Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound that is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure without a special permit from the chief of police.

b.

Making announcements over loudspeakers other than by the announcer in person or with the aid of any other mechanical device.

(4)

Yelling, singing, etc., on public streets. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., so as to annoy or disturb the quiet, comfort or repose of any persons in the vicinity.

(5)

Animals and birds. The keeping of any animal or bird which shall disturb the comfort or repose of any persons in the vicinity by making long, continual or frequent noise to such degree as to annoy or disturb the quiet, comfort or repose of any persons in the vicinity.

(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, as a warning of fire or danger, or upon request of proper city authorities.

(7)

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle, except through a muffler or other device that effectively prevents loud or explosive noises from issuing therefrom; except where ordinary usage dictates otherwise.

(8)

Defective vehicles and noisy loads. Using any automobile, motorcycle or other vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

(9)

Loading or unloading vehicles, opening or destroying containers. 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.

(10)

Noises near schools, churches, courts or hospitals. The creation of any excessive noise near any school, institution of learning, church, or court while the same is in session or near any hospital that unreasonably interferes with the work of such institution or disturbs or unduly annoys patients in the hospital.

(11)

Hawkers, peddlers and vendors. The shouting and crying of any peddler, hawker or vendor that disturbs the peace and quiet of the neighborhood.

(12)

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

(13)

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 when such noise constitutes a menace to the public health.

(14)

Sound trucks. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other commercial purposes or the use of sound trucks for noncommercial purposes during such hours, in such places, or with such volume as to constitute a public nuisance.

(15)

Consumer fireworks. It shall be unlawful for any person, firm, corporation, or association to use or ignite, or cause to be ignited, any consumer fireworks on any day beginning at the time of 9:00 p.m. and up to and including the ending time of 11:59 p.m., except pursuant to a special use permit and as provided for by O.C.G.A. § 25-10-2(3)B(iii), on January 1, July, 3, July 4, and December 31 of each year in such a manner as to make, continue, or cause to be made or continued that results in a loud, unnecessary, or unusual noise or in noise which unreasonably or unnecessarily annoys, disturbs, injures, or endangers, the comfort, repose, health, peace or safety of others in the city.

(Code 1976, § 9-1010; Ord. No. 58-99, 12-16-99; Ord. No. 12-16, § 1, 6-16-16)