509.11 UNNECESSARY AND EXCESSIVE NOISE.
   (a)   Sound Amplification Devices.
      (1)   No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, compact disc player, loud speaker, megaphone or any other sound amplifying device or by any horn, drum, piano or other musical or percussion instrument in such manner or at such volume which is plainly audible to persons other than those who are in the room in which such device or instrument is played and who are voluntary listeners thereto.
      (2)   No owner, agent or operator of a commercial enterprise located within a permanent structure or building shall use, set up or operate a sound amplifying system which is audible outside the structure or building and which is used to transmit any type of music or message advertising products sold on the premises or inviting the public to patronize the establishment located on the premises.
      (3)   No person shall make any unnecessary or unseemly noise or operate any instrument, device, agency or vehicle within fifty feet of any portion of the grounds and premises on which is located near a hospital or other institution reserved for the sick, aged or infirm, or within fifty feet of any school, courthouse, church or building in which religious services are held, during school hours, hours of holding court or hours of public worship, respectively.  The area within 150 feet of a hospital, school, courthouse or church shall be a “zone of quiet” and the Director of Public Safety shall place signs within such zones of quiet calling attention to the prohibition against unnecessary noises.
   (b)   Vehicles or Motorcycles.
      (1)   No owner, agent or operator shall operate any motorcycles or vehicles so as to create loud or unnecessary grating, grinding, rattling, backfiring or other noise.
   (c)   Sound Amplification Systems in Motor Vehicles.
      (1)   No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty feet or more from the vehicle.
      (2)   “Sound amplification system” means any radio, tape player, compact disc player, loud speaker, megaphone or other electronic device used for the amplification of the human voice.
      (3)   “Plainly audible” means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty feet or more.  Measurement standards shall be by the auditory senses, based upon direct line of sight.  Words or phrases need not be discernible and bass reverberations are included.  The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot or driveway.
      (4)   It is affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
         A.   Blowing of horns when necessary to prevent an accident;
         B.   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
         C.   The vehicle was an emergency or public safety vehicle;
         D.   The vehicle was owned and operated by the City, a public utility, communications or refuse company;
         F.   The system was used for the purpose of giving instructions, directions, talks, addresses or lectures which was given prior approval; or
         F.   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the Mayor’s office.
      (5)   No sound amplifying system mounted on a vehicle shall be operated on a Sunday, provided that any such device may be operated in substitution for a band as part of a parade.
   (d)   Penalty.  Whoever violates any of the provisions of this chapter shall be guilty of a minor misdemeanor, on the first offense, and:
      (1)   Upon a first offense, shall be fined no more than one hundred dollars ($100.00) nor less than fifty dollars ($50.00) which fine shall not be suspended, waived or otherwise reduced below the amount of fifty dollars ($50.00).
      (2)   With a prior conviction, a second offense which shall be charged as a misdemeanor in the fourth degree, the fine shall be no more than two hundred fifty dollars ($250.00) or less than one hundred dollars ($100.00) which fine shall not be suspended, waived or otherwise reduced below the amount of one hundred dollars ($100.00).
      (3)   Each day upon which a violation occurs or continues shall be a separate offense and punishable as such.
(Ord.  91-41.  Passed 5-28-91.)