§ 113-45. Enumeration.

The acts contained in this article, among others, shall constitute a violation of this article; but such enumeration shall not be deemed to be exclusive.

(1)

Air conditioners. The maintenance of any refrigeration machinery or air conditioning, consisting of air compressors or rotating or reciprocating machinery, in such a manner as to create a noise disturbance across a residential real property boundary shall be a violation of this article.

(2)

Construction or repairing of buildings. It shall be unlawful for any person to operate or permit the operation of any tools or equipment used in construction, drilling, or demolition work on weekdays between the hours of 7:00 p.m. and 7:00 a.m., such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by special variance. No home construction shall be allowed on Saturday or Sunday except for construction between the hours of 9:00 a.m. and 7:00 p.m.

Cross reference— Buildings and building regulations, ch. 101.

(3)

Domestic animals. It shall be unlawful for any person owning or keeping an animal to allow that animal to continuously (exceeding 15 minutes in duration, or greater than five minutes between the hours of 9:00 p.m. and 10:00 a.m.) or repeatedly (consisting of 15 minutes over the course of one hour) howl, bark, whine or make other loud noises plainly audible from inside any adjacent or nearby residential structure owned by any person other than the animal owner.

Cross reference— Animals, ch. 6.

(4)

Domestic power tools. It shall be a violation of this article to operate or permit the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower, or other similar device used outdoors, other than powered snow removal equipment, between the hours of 9:00 p.m. and 7:00 a.m., or on Saturday or Sunday before the hour of 9:00 a.m.

(5)

Emergency signaling devices. It shall be a violation of this article for any person to intentionally sound or permit the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing. Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 7:00 a.m. or after 9:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds. Testing of the complete emergency signaling system, including the functioning of the signaling and the personnel response to the signaling device, shall not occur before 7:00 a.m. or after 9:00 p.m. In no case shall such test exceed ten minutes. Further, it shall be unlawful to sound or permit the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within two minutes of activation.

(6)

Horns; signaling devices. It shall be unlawful to sound any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger.

(7)

Explosives, firearms, or similar devices. It shall be unlawful for any person to use or fire any explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, without first obtaining a special variance.

Cross reference— Fire prevention and protection, ch. 30.

(8)

Loading; unloading; opening boxes. It shall be unlawful for any person to load, unload, open or close boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and between the hours of 9:00 p.m. and 9:00 a.m. on weekends in such a manner as to cause a noise disturbance across a residential real property boundary.

(9)

Loudspeakers; amplifiers. It shall be unlawful for any person to use, operate, or permit the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public space for any commercial purpose. Further, it shall be unlawful to use, operate, or permit for any noncommercial purposes any loudspeaker, public address system, mobile sound vehicle, or similar device between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and between the hours of 9:00 p.m. and 9:00 a.m. on weekends.

(10)

Powered model vehicles. The operation of, or permitting the operation of, a powered model vehicle so as to create a noise disturbance across a residential real property boundary in a public space between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and between the hours of 9:00 p.m. and 9:00 a.m. on weekends, shall be a violation of the provisions of this article.

(11)

Radios phonographs, musical instruments and similar devices. It shall be unlawful for any person to operate, play, or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, or similar device:

a.

Between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and between the hours of 9:00 p.m. and 9:00 a.m. on weekends in such a manner as to create a noise disturbance across a residential real property boundary, except as allowed by permit issued by the mayor and city council; or

b.

In such a manner as to create a continuing noise disturbance at 50 feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space.

(12)

Vehicle repair in residential areas. The repairing, rebuilding, or testing of any motor vehicle, motorcycle, motor bicycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary in any residential district.

Cross reference— Traffic and vehicles, ch. 58.

(13)

Motorcycles, go-carts, off-road vehicles. It shall be unlawful for any person to operate any motorcycle, go-cart, personal watercraft, dune buggy, or motorized off-road vehicle in such a manner as to cause a noise disturbance across a residential real property boundary in any residential district. For purposes of this section, the term "personal watercraft" means a vessel less than 16 feet in length which:

a.

Has an outboard motor or which has an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;

b.

Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel; and

c.

Has the probability that the operator and passenger may, in the normal course of use, fall overboard.

Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and any vessels commonly known as a jet ski as defined in O.C.G.A. § 57-7-8.2.

(Ord. No. 214A-97, § 3, 4-21-1997; Ord. No. 230-99, § 1, 11-22-1999; Ord. No. 242-01, § 1, 5-21-2001; Ord. No. 291-06, 5-15-2006; Ord. No. 322-15, § 1, 12-28-2015 )