§ 34-4. - Specific prohibitions.
(a) The following acts, among others and not to exclude other such acts, if they produce a noise disturbance or excessive noise, are declared to be in violation of this chapter, except and unless a noise permit has been issued by the City Manager:
(1) Animals and birds. Owning, maintaining, harboring, or maintaining for hire any animal or animals, bird or birds, which produce frequent or prolonged noisemaking, whether originating from public or private facilities, except publicly owned and/or publicly operated zoos. Police dogs are exempt from this section under the conditions enumerated in Section 8-137.
(2) Structural or roadway construction, demolition, and/or repair. Unless specifically exempted by Section 34-5 of this chapter or as permitted pursuant to Section 34-7.1, structural or roadway construction, demolition, and/or repair. Performance of construction, demolition, and/or repair work at or on any structural or roadway project or undertaking whether by manual or mechanical means, such as to produce noise beyond the sound pressure levels established as local limits within the zoning district classifications and times of day as set out by Table I, Section 34-12.
(3) Exhausts. Discharge into the open air of the sound-laden exhaust from, or escape of excessive sound from working parts of the transmission or conveyance of fluids or solids through piping, conduit, or by way of other mechanical transport, stationary, portable or mobile engine or engines or motorized vehicle or vehicles.
(4) Engine brakes. Operating any vehicle, other than an authorized emergency vehicle, with an engine brake engaged, on any public road other than a turnpike, unless such operation is necessary to slow or stop the vehicle to avoid imminent danger or when any other means of slowing or stopping the vehicle has failed.
(5) Horns, whistles, sirens, firearms, explosives or fireworks. Sounding of horns, whistles, sirens, firearms or other such alarm or announcement device, whether manual or power-operated, or the detonation of fireworks or explosives except as required as warning of fire, natural disaster or other impending or incidental danger, or which may be required as a part of law enforcement, by emergency, or as excepted by Section 34-5.
(6) Radios, television equipment, electronic audio equipment, musical instruments and similar devices. Operating or permitting the use or operation of any device designed for sound production, amplification, or reproduction, including but not limited to any radio, musical instrument, phonograph, television set, tape recorder, loud speaker, or other similar device:
a. if plainly audible within any dwelling unit which is not the source of the sound; or
b. on public property or on a public right-of-way so as to be plainly audible 50 feet or more from such device, except as authorized by permit.
(7) Boisterous, belligerent, or clamorous noisemaking. Shouting, carousing, singing or other prolonged noisemaking.
(8) Watercraft. Operation of any motorized surface boat or underwater vehicle, whether on land, water impoundment, lake, stream, diversion channel, or astride a conveyance.
(9) Powered models or toys. Operation of powered models or toys.
(b) Airport and aircraft operations. It shall be unlawful to run, test, or otherwise operate aircraft engines on the ground or operate an airport facility in such a manner as to cause or tend to cause noise disturbance or excessive noise. Nothing in this section shall be construed to prohibit, restrict, penalize, or enjoin or in any manner regulate the movements of aircraft which are, in all respects, conducted in accordance with or pursuant to applicable Federal laws or regulations, or air traffic control instructions.
(c) Places of public entertainment. Operating, or permitting to be operated, in any place of public entertainment during any hour of operation when patrons or customers may be expected, any loudspeaker or sound amplifier which produces, reproduces or amplifies sound, at a point normally to be occupied by a patron or customer, which produces a noise disturbance, unless a conspicuous, legible sign, readable by a person with 20/20 vision at a distance within ten feet of it, is posted at or within five feet of each public entrance and not more than five feet above the level of the ground, floor, or other entrance threshold, which sign shall state:
"WARNING: SOUND LEVELS WITHIN
MAY CAUSE PERMANENT HEARING
IMPAIRMENT"
This provision shall not be construed to allow the operation of such loudspeaker or sound amplifier in such manner as to create a noise disturbance beyond the premises or as to violate Paragraph (d) below.
(d) Noise sensitive zone. Creation of a noise disturbance or excessive noise within 500 feet of any school, other such institution of learning, church, hospital, convalescent hospital or mass-care home, hotel or motel, or court of law, so designated by outdoor signage, is prohibited during the facility's hours of operation and noise permits shall not be issued for such areas during the facility's hours of operation. This subsection is intended to protect only the above-listed facilities, and for enforcement the complaining party must be an authorized representative of the facility including, but not limited to, the owner, operator, manager or director. This subsection shall not apply to public event facilities, located on City owned or public trust owned property, or the Bricktown Entertainment Area, as defined in Section 38-610 of this Code.
(e) Property owner as violator. No property owner, lessor or lessee shall knowingly allow any automobile, motorcycle, minibike or other vehicle which creates a noise disturbance or which creates noise that violates Section 34-6 to be driven across his property. Nothing in this section shall be construed as to prohibit the arrest of the operators of said vehicles in accordance with Section 34-9.
(Code 1970, § 21-24.2; Code 1980, § 34-4; Ord. No. 19456, § 3, 8-7-90; Ord. No. 19581, § 3, 5-29-91; Ord. No. 20261, § 1, 12-6-94; Ord. No. 24036, § 1, 3-23-10; Ord. No. 24138, § 2, 9-28-10; Ord. No. 26091, § 1, 2-26-19)