§ 13-12. Same—Those prohibited.
Except as otherwise provided, the following noises and other noises of the same characteristics, intensity or annoyance shall constitute nuisances and are prohibited at all times and at all places within the city:
(1)
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus 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; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device except by a peace officer when traffic is for any reason held up.
(2)
Radios, phonographs, etc. The use or operation of 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 the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person of normal hearing who is in the room, vehicle or chamber in which such machine or device is operated and who is a voluntary listener thereto or allowing such use or operation. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3)
Loudspeakers, amplifiers for advertising, etc. The use or operation of any radio or television, 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, product, service, merchandise or political candidate, or allowing such use or operation, except as authorized by the governing body.
(4)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly, between the hours of 11:00 p.m. and 7:00 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 any dwelling, hotel or other type of residence, or of any persons in the vicinity.
(5)
Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the 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 or 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 or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(8)
Defect in vehicle or load. The use of 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 noises.
(9)
Loading, unloading and opening boxes, etc. The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle, or the opening and destruction of bales, boxes, crates and containers on Sundays, Christmas, New Year's or Thanksgiving or before 7:00 a.m. or after 11:00 p.m.; provided, however, under emergency conditions the governing body may, in its discretion, grant exceptions thereto.
(10)
Adjacent to schools, courts, churches, hospitals, etc. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, or which disturbs or unduly annoys patients in the hospital; provided, conspicuous signs are displayed in such streets indicating that the same is a school, hospital, church or court street.
(11)
Hawkers, peddlers, etc. The shouting or crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
(12)
Drums, etc. 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.
(13)
Firearms and fireworks. The explosion of firecrackers, skyrockets, Roman candles, pinwheels or any other form of fireworks or the unnecessary shooting of any firearms, except as specifically authorized by law or the proper official.
(14)
Transportation of metal rails, pillars and columns. The transportation of rails, pillars or columns of iron, steel or other material, over and along the streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet on such streets or other public places.
(15)
Operation of public transportation buses. The causing, permitting or continuing any excessive, unnecessary and avoidable noise in the operation of a public transportation bus.
(16)
Pile drivers, hammers, etc. The operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise, except on written permission of the governing body prescribing the locality and the hours during which such operation is permissible.
(17)
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.
(18)
Air-conditioning units. Self-contained, one-room air-conditioning units, up to one-ton capacity attached to the outside walls or windows of buildings within the city, and operated for the comfort of the occupants of such buildings, shall not be deemed in violation of this article where proof is established that such units are maintained in good mechanical condition. Air-conditioning units of more than one-ton capacity may not be operated within the city except where remote compressors are housed in soundproof rooms or on roofs, or where attached or immediately adjoining compressors are sound treated or baffled, and cooling coil and condensation water is disposed of, as prescribed by the city.
(19)
Public garages: In operating any public garage, disturbing the peace by racing the engine or motor of any motor vehicle, or by operating such motor without an adequate muffler, or by so manipulating such motor vehicle as to produce loud, tumultuous, offensive or annoying noise, whether any of such acts are committed within or outside of such public garage.
(Code 1962, §§ 15-36—15-41, 15-45; Ord. of 4-24-2000)
State law reference
Municipal authority to regulate, suppress nuisances, Miss. Code 1972, § 21-19-1; to prohibit noises from manufacturing plants, § 21-19-15; constitutes an illegal act, § 97-35-9.