(A) No owner, keeper, manager or any person in charge or control of a hotel, night club, restaurant, dance or amusement hall, tavern or other public place, shall engage in or permit the playing of musical, or other instruments, singing, loud talking or the making of other noises in or about the premises in such manner as to disturb the peace and quiet of the neighborhood after 11:00 p.m. The affidavit charging an offense under this section shall state the hour at which the offense is alleged to have occurred.
(B) No person shall operate or cause to be operated, any whistle, rattle, bell, gong, clapper, hammer, drum, horn, player piano, calliope, radio, phonograph or other sound producing or sound amplifying instrument or otherwise create noise or sound in such manner as to disturb the peace and quiet of a neighborhood or interfere with the transaction of business or other ordinary pursuits. Nothing herein shall be construed to affect the usual and reasonable operation of steam railroads, electric railways and motor buses, or prohibit the reasonable use of vehicle warning signals, the reasonable ringing of church bells or the reasonable and ordinary noises attendant on athletic contests or lawful public or semi-public meetings, parades or celebrations.
(C) No person, firm or corporation being the owner or person in possession of a motor vehicle with any radio, phonograph, television, tape player, loud speaker or any other instrument, machine or device shall cause or permit any noise to emanate from the motor vehicle in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities.
(1) It shall be prima facie unlawful for any person, firm or corporation being the owner or person in possession of a motor vehicle with a device described above to cause or permit any noise emanating from a motor vehicle which is plainly audible at a distance of 50 feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
(2) This section shall not apply to any of the following circumstances:
(a) The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle or traffic safety condition;
(b) The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
(c) The motor vehicle is owned and operated by the state or a political subdivision or a public utility;
(d) The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or
(e) The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal, state or local law.
(D) Whoever violates this section is guilty of generating excessive sound from a motor vehicle, a minor misdemeanor.
(1997 Code, § 94.04) (Ord. 911-96, passed 7-22-1996) Penalty, see § 94.99