(A) It shall be unlawful for any person, association, firm or corporation operating a restaurant, hotel, summer garden or other place of refreshment or entertainment to permit, or for any person in or about such restaurant, hotel, summer garden or other place of refreshment or entertainment to engage in playing or rendition of music of any kind, singing, loud talking or other noises on or about the premises, in such manner as to disturb the peace and quiet of the neighborhood, having due regard for the places of residence, hospitals, or other residential institutions and on any other conditions affected by such noises.
(B) It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, harsh, excessive or unnecessary noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others unless the making and continuing of the noise is necessary for the protection or preservation of property or the life, health or safety of a person or persons.
(C) The following acts are hereby declared loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed as exclusive:
(1) The sounding of any horn or other such audible signaling device on any automobile, motorcycle or other vehicle on any highway or other public place, for an unreasonable period of time, except as a danger warning;
(2) The use or operation of any radio, stereo, or other machine or device for the production, reproduction or amplification of sound in any vehicle in such a manner as to create an unreasonably loud, harsh, or excessive noise, that disturbs the peace, quiet or comfort of others;
(3) The use or operation of, or allowing the use or operation of, any radio receiving set, musical instrument, phonograph, or other machine or device for the production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of others by creating or allowing a volume greater than is necessary for the convenient hearing of the person or persons who are voluntarily in the room, chamber, or vehicle in which any above described machine, device or musical instrument is located;
(4) Use or operation of any vehicle on any highway in such a manner as to produce any unreasonably loud, harsh, or excessive noise, or to discharge into the open air, or to discharge vehicle exhaust in the open air of any vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(5) Creation of any unreasonably loud, harsh, or excessive noise in connection with the loading or unloading of any vehicle, or by the operation of any such vehicle; and/or
(6) Use of any mechanical loud speaker, amplifier, sound system, stereo or radio on any moving or standing vehicle for advertising, entertainment or any other purpose, in such a manner as to create an unreasonably loud, harsh, or excessive noise.
(D) In every charge of violation of this section the affidavit shall state the hour at which the offense shall have occurred.
(E) The violation of this section between the hours of 1:00 a.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle from which the noise emanates, shall be prima facie evidence of a violation of this section.
(F) The standards, which shall be considered in determining whether a violation exists, shall include, but not be limited to, the following:
(1) The volume of the noise;
(2) The intensity of the noise;
(3) Whether the nature of the noise is usual or unusual;
(4) The volume and intensity of background noise, if any;
(5) The proximity of the noise to a residential area or place of public accommodation such as a hotel, motel, inn, campground and the like;
(6) The nature and zoning of the area within which the noise emanates;
(7) The density of inhabitation of the area within which the noise emanates:
(8) The time of day or night the noise occurs;
(9) The duration of the noise; and/or
(10) Whether the noise is recurrent, intermittent or constant.
(G) The following activities shall be exempt from § 94.20:
(1) Noises originating from safety signals, warning devices and emergency pressure relief valves.
(2) Noises resulting from any authorized emergency or law enforcement vehicle or training facilities.
(3) Noises resulting from construction or demolition activity.
(4) Noises from the use of farm machinery, lawn mowers or other machinery properly muffled which is used for agricultural or landscaping purposes.
(5) Noises originating or emanating from religious activities, public recreational facilities such as, but not limited to, fairgrounds, sports areas and stadiums, amusement parks and other public amusement establishments.
(6) The operation of aircraft in conformity with, or pursuant to, federal law, federal air regulations and/or air traffic control instructions.
(7) Noises emanating from festivals or other periodic activities and celebrations where said activity has applied for and received a license or authorization from the City Council to conduct such events.
(Ord. passed 8-12-41; Am. Ord. 512, passed 9-8-92; Am. Ord. 729, passed 8-24-01) Penalty, see § 94.99