26.11.470 Noisy Party or Gathering Prohibited

Generally.

(a) It shall be unlawful for any person and a Class [3] three offense to willfully make, cause to be made or continue any loud, raucous or disturbing noise. A loud, raucous or disturbing noise is any sound which, because of its volume level, duration or character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities. The term "loud, raucous or disturbing noise" shall be limited to noises heard upon the public streets, in a public park, school or public building or upon the grounds thereof; in church or hospital or upon the grounds thereof; on a parking lot open to members of the public; or in an occupied residential unit which is not the source of the noise or upon the grounds thereof.

(b) Specifically prohibited acts. The following specific acts are declared to be loud, raucous or disturbing noises in violation of this article, but this enumeration shall not be deemed to be exclusive:

(1) Blowing horns. The sounding of any horn, whistle or signal device on any automobile, motorcycle, bus or other vehicle except as a danger signal or as required by law, or the sounding of such device intermittently or continuously for a period in excess of 60 seconds.

(2) Radios, amplifiers, phonographs, group gatherings, etc. Singing, yelling, or the using, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph, interior or exterior loudspeakers, or other device for the producing or reproducing of sound in such manner as to cause loud, raucous or disturbing noise.

(3) Motor vehicles. All noises coming from motor vehicles not properly equipped with standard mufflers and noise reducing equipment or not in proper operating condition.

(4) Fireworks and firearms. The explosion of any fireworks unless under a written permit obtained from the proper authority and between the hours of 9 a.m. and 10:30 p.m. Monday through Saturday.

(5) By this title, a violation of this section is declared to be a public nuisance, and may be subject to terminate by a restraining order or injunction issued by the Tribal Court on motion or petition of any person.

The following uses and activities shall be exempt from the noise regulations set forth in this chapter:

(1) A bell or chime from any building clock, school or church.

(2) Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm systems used in an emergency situation; provided, however, that burglar alarms not terminating within 30 minutes after the responsible person has been notified shall be unlawful.

(3) Warning devices required by any applicable local or federal safety regulations.

(4) Agricultural and horticultural operations conducted in a reasonable manner.

(5) Noise caused by any type of construction equipment while it is being used for the purpose for which it was designed and purchased.

(6) The operation of an automobile race track, except between the hours 11:30 p.m. and 12:00 noon.

(7) Any community or school sponsored athletic event, except between the hours of 11:30 p.m. and 7:00 a.m.

(8) Nothing herein shall be construed to hold a landlord liable, responsible or violation of this section unless the landlord sponsors or participates in.