§ 66-203. Specific nuisance noises prohibited.
In addition to the general prohibitions set out in this article, the following specific acts are declared to be in violation of this article:
(1)
Animals. It shall be unlawful for the owner or keeper of any animal or fowl to allow frequent or continuing noise which disturbs a reasonable person of normal sensitivity.
(2)
Horns, signaling devices. It shall be unlawful to sound any horn or signaling device on any street or public place in the city for purposes other than motor vehicle, driver, and/or pedestrian safety.
(3)
Radios, televisions, musical instruments and similar devices.
a.
It shall be unlawful to operate or play in any public right-of-way, public park, playground or recreational area, any musical instruments, radio, television, phonograph, tapeplayer, cassette player, compact disc player, or any sound device, including but not limited to loudspeakers or other devices reproducing or amplifying sound in such a manner, or with such volume, as to exceed an average of 80 decibels measured at a distance of 50 feet from the sound source. The New Orleans police department or the department of health shall order any person or persons in violation of this section to immediately cease creating or causing the creation of noise. If said person or persons fail to obey this order, appropriate action shall be taken pursuant to section 66-137. The readings shall be in succession.
b.
It shall be unlawful to operate or play any radio, television, phonograph, musical instrument, loudspeaker or similar device that is plainly audible to any person other than the operator between 8:00 p.m. and 10:00 a.m. in parks, playgrounds, or recreation areas unless a permit has been issued.
c.
Reserved.
d.
It shall be unlawful between the hours of 9:00 p.m. Sunday through Thursday and 10:00 a.m. on the subsequent morning or between the hours of 10:30 p.m. on a Friday or Saturday and 10:00 a.m. the subsequent morning to operate or play in a dwelling occupying a parcel or lot of land or to operate or play anywhere on a parcel or lot of land contiguous or adjacent to another parcel or lot of land occupied by a neighboring dwelling any radio, television, phonograph, loudspeaker, sound-amplification equipment or similar device which produces or reproduces sound in such a manner as to be plainly audible at a distance of one foot from any exterior wall of the neighboring dwelling or at a distance beyond the boundary between the parcels or lots, whichever is the lesser distance from the point where the sound is produced or reproduced.
e.
It shall be unlawful between the hours of 9:00 p.m. Sunday through Thursday and 10:00 a.m. on the subsequent morning or between the hours of 10:30 p.m. on a Friday or Saturday and 10:00 a.m. the subsequent morning to operate or play in an apartment, condominium unit or other dwelling unit of a multiple-unit structure occupying a parcel or lot of land or in any common or exterior area of such land any radio, television, phonograph, loudspeaker, sound-amplification equipment or similar device which produces or reproduces sound in such a manner as to be plainly audible within any other apartment, condominium unit or other dwelling unit within the same dwelling structure.
(4)
Neighborhood businesses. Businesses operating in B-1 or B-2 commercial areas and under nonconforming use zoning within or adjacent to residential areas shall comply with the provisions of section 66-202.
a.
Upon initial determination of a violation a neighborhood business will be given six months to comply with the terms of the ordinance if insulation or other major structural modifications are necessary for compliance.
b.
Nothing in this subsection shall relieve the business owner or manager from the responsibility of taking other reasonable actions directed at reducing noise levels upon determination of a noise violation.
(5)
Loudspeakers. It shall be unlawful to use or operate any loudspeaker, loudspeaker system or similar device that is plainly audible upon any street, alley, sidewalk, park or public property for the purpose of commercial advertising, or attracting the attention of the public to any building, structure, or vehicle.
(6)
Power equipment.
a.
It shall be unlawful to operate or permit to be operated any power equipment in residential zones outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day, and on weekends between 10:00 p.m. and 8:00 a.m.
b.
During daytime hours (7:00 a.m.—10:00 p.m. weekdays, 8:00 a.m.—10:00 p.m. on weekends) power equipment rated five horsepower or less shall not exceed a sound level of 75 dBA at a distance of 50 feet. Power equipment rated more than five horsepower shall not exceed a sound level of 82 dBA at a distance of 50 feet.
(7)
Machinery, fans, and air conditioners. It shall be unlawful to operate or permit the operation of any stationary machinery, air-conditioners, air-handling equipment, fans, or similar devices in such a manner as to exceed Table 1 of the receiving land use categories when measured on receiving property.
a.
Stationary machinery, equipment, fans, and air conditioners shall have the following replacement schedule:
1.
Installed and operating sources, of age ten years or older, shall comply with the provisions of this subsection within a reasonable time period, upon determination of a condition of violation. This time period shall not exceed six months.
2.
Installed and operating sources, of age five to ten years shall comply with the provisions of this subsection within a reasonable time period, upon determination of a condition of violation. This time period shall not exceed one year.
3.
Installed and operating sources under five years of age, shall comply with the provisions of this subsection within a reasonable time period, upon determination of a condition of violation. This time period shall not exceed two years.
b.
Nothing in subsection (7)a. of this section shall be interpreted in such a way as to relieve the person responsible for such stationary machinery, equipment, fans, air conditioning apparatus, or any similar permanently installed mechanical devices, from the responsibility of taking other reasonable actions, other than replacement, directed at reducing noise levels from these sources on receiving property.
(8)
Aircraft engines.
a.
It shall be unlawful for any person to operate, run, or test or cause to be operated, run, or tested an aircraft engine which creates a noise level exceeding Table 1 of the receiving land use category measured at any place within an inhabited zone of the city.
b.
The intent of this subsection is to regulate noise levels produced in the testing, maintenance, and repairs of aircraft engines and aircraft hours. Any aircraft operating during a landing, takeoff, or while moving upon ground surface of an airport shall be exempted from the provisions of this section.
(9)
Noise sensitive "quiet" zones. It shall be unlawful to create or cause the creation of any noise, other than those noise exemptions stated in section 66-138, within 500 feet of any noise sensitive zone, so as to exceed the residential land use levels set forth in Table 1 when measured on the receiving property, provided that conspicuous signs are displayed indicating the presence of the "quiet" zone.
(Code 1956, § 42A-5; M.C.S., Ord. No. 18,399, § 3, 9-4-97; M.C.S., Ord. No. 18,625, §§ 2, 3, 2-19-98)
Cross reference
Animals, ch. 18.