(A) Enumeration of prohibited noises.
(1) It shall be unlawful for any person to make, continue or cause to be made or continued any loud unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city.
(2) The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive:
(a) 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, or any other machinery unless the noise from such blower or fan or other machinery is muffled and such engine is equipped with a muffling device sufficient to deaden such noise.
(b) Detect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(c) Exhaust. 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.
(d) Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, motorbus or other vehicle on any street or public place 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 when traffic is for any reason held up.
(e) Bells, sirens and whistles. The sounding of any bell, siren or whistle except to give notice of the time to begin or stop work or as a warning of life or danger or to give notice of the time to commence or quit school activities or used for religious purposes.
(f) Firecrackers. The throwing or propelling of any firecrackers, Roman candles, rockets or any article of any explosive nature intended to be used as firecrackers.
(g) Hawkers and peddlers. The shouting and crying of hawkers, peddlers and vendors which disturbs the peace and quiet of the neighborhood.
(h) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated any radio 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 or structure.
(i) Noise near schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use or adjacent to any hospital which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital; provided, that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
(j) The emission of any unreasonably loud or raucous or disturbing and unnecessary noise from the engine or exhaust system of any motor vehicle.
(k) Quiet zone. All roadways within the city of Wilmington shall be and hereby are designated quiet zones and as such, the use of engine braking on such roadways shall be and hereby is prohibited, except in the case of an emergency.
1. The police department or its representatives shall and hereby is/are authorized to erect signs stating the following at locations within the city: “Quiet Zone--Engine Braking in Emergencies Only.”
(B) Exceptions. This chapter shall not be deemed to apply to radios in private pleasure vehicles when operated in such a manner as not to be audible more than 15 feet from such vehicle, nor to noise devices, bands or other musical devices used in any public parade which has been duly licensed or which is operated under city permit. (Ord. 1594, passed 9-16-03; Am. Ord. 1601, passed 10-21-03)

(A) The operation of any electrical device on any property zoned for residential, commercial or industrial use which emits all audible sound and is designed, intended or used for the purpose of killing insects out-of-doors is hereby declared to be a nuisance when operated between the hours of 12:01 a.m. and 6:00 a.m.
(B) Persons who violate this section are subject to the following penalties:
(1) Any person convicted of a violation of this section shall be subject to penalty as provided in Section 97.99 of this chapter.
(2) The penalties prescribed herein are in addition to and not in lieu of any other rights, remedies and penalties which the city may otherwise seek to impose and may be available at law or in equity. (Ord. 1594, passed 9-16-03; Am. Ord. 1601, passed 10-21-03)

No person shall cause or allow the emission of sound during daytime hours (7:00 a.m. to 10:00 p.m.) from any noise source to any receiving residential land or, to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city. (Ord. 1594, passed 9-16-03; Am. Ord. 1601, passed 10-21-03)

No person shall cause or allow the emission of sound during nighttime hours (10:00 p.m. to 7:00 a.m.) from any noise source to any receiving residential land, or to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city. (Ord. 1594, passed 9-16-03; Am. Ord. 1601, passed 10-21-03)

Variance permits may be issued by the city to exceed the noise standards set forth in this chapter as follows:
(A) A temporary variance permit may be issued upon request provided that the work producing such noise is necessary to promote the public health or welfare and reasonable steps are taken to keep such noise at the lowest practical level. (Ord. 1594, passed 9-16-03; Am. Ord. 1601, passed 10-21-03)

(A) Emergency operations. Emergency short-term operations which are necessary to protect the health and welfare of the citizens such as emergency utility and street repair, fallen tree removal or emergency fuel oil delivery, shall be exempt, provided that reasonable steps shall be taken by those in charge of such operations to minimize noise emanating from the same.
(B) Noises required by law. The provisions of this section shall not apply to any noise required specifically by law for the protection or safety of people or property.
(C) Powered equipment. Powered equipment such as lawn mowers, small lawn and garden tools, riding tractors, and snow removal equipment which is necessary for the maintenance of property, is kept in good repair and maintenance, and which equipment, when new, would not comply with the standards set forth in this chapter, shall be exempted.
(D) Community events. The term “community events” shall include such things as parades, festivals, drum corps shows, sports events, Fourth of July celebrations, block parties, sanctioned and sponsored in whole or part by local governments, schools or charitable or service organizations.
(E) This chapter shall not be deemed to apply to radios in private pleasure vehicles when operated in such a manner as not to be audible more than 15 feet from such vehicle nor to noise devices, bands or other musical devices used in any public parade which has been duly licensed or which is operated under city permit. (Ord. 1594, passed 9-16-03; Am. Ord. 1601, passed 10-21-03)

The chief of police and/or the police officer on duty of the city are required and directed to suppress and abate such nuisance/noise, and if determined by the officer to be in violation, he may arrest any person or persons creating the nuisance/noise and taking the person or persons before a judge to be dealt with as required by this chapter.
Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1594, passed 9-16-03; Am. Ord. 1601, passed 10-21-03)