(A) It shall be unlawful for any person within the city to:
(1) Operate any radio, horn, drum, speaker, stereophonic sound system, signaling device, phonograph, other machine or device for producing or amplifying sound, or similar device, in such a manner as to be plainly audible to any person at any point or place more than fifty (50) feet from the source. The prohibition herein shall not apply to:
(a) The use of any such signaling device or horn as a danger warning;
(b) The use of any such signaling device or horn during the participation of a sporting event or other school function if being used in connection with the operations of the sporting event or school function.
(2) To use, operate or permit to be played, used or operated any radio, musical instrument, phonograph, or other machine or device for the producing of sound in any residential area in a manner to disturb the quiet and comfort of the neighboring residents.
(B) Waiver.
(1) This section shall not apply when:
(a) The city council finds and declares that it is in the best interests of the general public and welfare that section (A) be waived after proper consideration of the facts and circumstances surrounding certain events to be held at public use facilities,
(b) The city council waives the above provisions so as to permit the use, operation, or playing of any said prohibited sound or device during a specified time and specified dates stated in said application for waiver at a public-use facility upon the application and approval of any eligible organization or individual;
(c) Application is made by any individual or organization for the use of a city-owned facility or other public use facility and said waiver and application is submitted to the city clerk and after being scheduled to be heard during a regularly scheduled city council meeting, the city council determines whether or not it is in the general public interest to grant the waiver for the specified time and date.
(Ord. 4058, § 1, passed 10-19-2021; Ord. 4083, § 1, passed 3-1-2022; Ord. 4092, § 1, passed 5-3-2022)