No person shall play, use, or operate any machine or device for the producing or reproducing of sound, including, but not limited to, loudspeakers, radios, CD players, television sets, musical instruments, phonographs, cassette players, or any other machine designed or intended to produce or reproduce sound, nor operate any motor vehicle that contains a modified or defective exhaust system, if the machine, device, or vehicle is located in or on any of the following:
(A) Any public property, including any public right-of-way, highway, building, sidewalk, public space, park, or thoroughfare, and the sound generated therefrom is:
(1) Clearly audible 40 feet or more from its source; and
(2) At a level of 90 decibels (90 dB) or more when measured from a distance of not less than six feet from its source.
(B) Any private property and the sound generated therefrom is:
(1) Clearly audible 40 feet or more outside of the private property line; or
(2) At a level of 90 decibels (90 dB) or more when measured from a distance of not less than six feet from the private property line.
(Ord. 05-03-02, passed 5-14-2002) Penalty, see § 10.99