Prior to the adoption of Ord. 2397 on 09/07/2004, Section 34.10.537 read as follows.

It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any loud, disturbing or unnecessary noise in the City at any time of day. A violation of this section shall not subject the responsible person to incarceration or custody, but may subject such person to a reasonable or necessary stop or inquiry. A violation of this section is a civil violation and a public nuisance. The following acts are declared to be violations of this section, but such enumerations shall not be deemed to be exclusive:

~~1. The keeping of any animal which by frequent or loud continued noise shall disturb the comfort and repose of any person in the vicinity.~~

2. The use of a motor vehicle, motorcycle or motorized vehicle, whether or not designed for use on public roads at any time or under any condition of grade, load, acceleration, deceleration, movement, at rest, whether or not in repair or operated in such manner as to create loud or unnecessary grating, grinding, rattling, motor winding, squealing, screeching or other tire noise or any other unnecessary noise.

3. The sounding of any horn or signal device on any automobile, motorcycle or other vehicle on any street, except as necessary warning of danger to property or person or as permitted to be used by authorized emergency vehicles.

~~4. The use of any mechanical device, operated by compressed air, steam, gasoline or otherwise, unless the noise created thereby is effectively muffled.~~

5. In other than residential areas, the erection, including excavation, demolition, alteration, or repair of any building or structure, other than between the hours of 7:00 a.m. and 6:00 p.m., except by special permit granted by the City Manager. The same standards shall apply in residential zones, except that such work will not commence before 8:00 a.m. on Saturday and 9:00 a.m. on Sunday and the following legal holidays:

~~6. The use or operation of any gong or siren upon any vehicle other than police, fire or other authorized emergency vehicle.~~

7. The use or operation of any device designed for sound production or reproduction, including, but not limited to, any radio, television set, musical instrument, stereophonic equipment, phonograph, loud speaker, sound production or reproduction device, bell, drum or chime between the hours of 10:00 p.m. and 7:00 a.m., so as to be plainly audible within any dwelling unit which is not the source of the sound.

8. The gathering of any number of persons upon premises, whether public or private and the creation of excessive noise from the collective voices of such persons between the hours of 10:00 p.m. and 7:00 a.m. Excessive noise means noise which is plainly audible within any dwelling unit, which is not the source of the sound. Before a violation of this section is enforced the person or persons who creates or assists in creating the excessive noise shall be warned or requested by any person, either in writing or orally to cease, reduce or otherwise bring down the level of sound.