(a) 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, loud speaker or any other sound amplifying device or by any horn, drum, piano or other musical percussion instrument. For purposes of this section, “sound amplification system” includes but is not limited to, any radio, tape player, compact disk player, loud speaker or other electronic device used for the amplification of the human voice, music or any other noise or sound.
(b) No persons, being the owner, or person in possession of a premises or person in control of the premises by reason of employment, agency or otherwise whether such ownership, possession or control is exclusive or joint, shall permit a violation of this section.
(c) No operator or passenger of a motor vehicle shall operate, or permit the operation of any sound amplification system which can be heard outside the vehicle from fifty or more feet from such vehicle when the vehicle is being operated or parked upon a street or highway.
(d) It is an affirmative defense to a charge under this section that the person was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
(1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and/or operated by the City or a utility company;
(4) The vehicle is being used in a parade and the person or organization conducting the parade had obtained a parade permit from the appropriate City office.
(e) It is prima facie unreasonable to cause, suffer, allow or permit the operation of any sound source on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the background sound level by at least 10 decibels during daytime (7:00 a.m. to 10:00 p.m.) hours and by at least 5 decibels during nighttime (10:00 p.m. to 7:00 a.m.) hours when measured at or within the real property line of the receiving property. Such a sound source shall constitute an unreasonable noise disturbance. If the background sound level cannot be determined, the absolute sound level limits set forth in Table 1 shall be used.
TABLE 1: Maximum Permissible Sound Levels Receiving Property | ||
Residential | Commercial | |
Source Property | 7:00 a.m.-10:00 p.m. 10:00 p.m.-7:00 a.m. | (All Times) |
Residential | 60 decibels 55 decibels | 65 decibels |
Commercial | 65 decibels 55 decibels | 65 decibels |
Industrial | 65 decibels 55 decibels | 65 decibels |
(f) Whoever violates this section is guilty of generating unreasonable noise and a violation of this section upon a first offense shall be a minor misdemeanor. If the offender persists generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree. Further, upon a person being convicted of this section more than once, each subsequent conviction after the first conviction shall be a misdemeanor of the third degree.
(Ord. 09-19. Passed 4-14-09.)