(A) It shall be unlawful for any person, firm or corporation to create or assist in creating any unreasonably loud, disturbing sound levels in the county, taking into consideration volume, duration, frequency and other characteristics of the sound.
(B) The following activities, among others, are hereby declared to be unreasonably loud, disturbing sound levels, but the enumeration shall not be deemed to be exclusive:
(1) Instruments and sound amplifiers. The playing of any musical instrument or electronic sound-amplification equipment in a manner or with a volume, particularly during the hours between 11:00 p.m. and 6:00 a.m., that would unreasonably disturb persons of ordinary and reasonable sensibilities in the vicinity; (This includes sound amplification systems contained either in, on or a part of any motor vehicle.)
(2) Animals. The keeping of any animal or bird which makes frequent or long, continued sounds that would unreasonably disturb persons of ordinary and reasonable sensibilities in the vicinity;
(3) Vehicles. The use of any automobile, motorcycle or vehicle so out of repair or in a condition as to create unreasonably loud disturbing sounds; (This includes sound amplification systems contained either in, on or a part of any motor vehicle.)
(4) Garages. The operating of any garage or service station in any residential area so as to cause unreasonably loud disturbing sounds to be emitted between the hours of 11:00 p.m. and 6:00 a.m. on any day;
(5) Specific locations. The creation of unreasonably loud disturbing sound levels adjacent to any school, educational facility, church or court during normal operating hours or within 150 feet of any hospital which a person of ordinary and reasonable sensibilities would recognize as likely to unreasonably interfere with the working of the institutions provided that conspicuous signs are displayed indicating that the area is a school, educational facility, church, court or hospital area;
(6) Excavations. The erection, including excavation, demolition, alteration or repair of any building in a residential or business district other than between the hours of 6:00 a.m. and 11:00 p.m. on any day, except in the case of urgent necessity in the interest of public safety and then only under the direction of an appropriate county official; and
(7) Advertising. The use of any electronic sound-amplification equipment for advertising or solicitation purposes, except with an appropriate permit.
(C) A sworn law enforcement officer upon being informed of any initial noise complaint shall first issue a verbal warning to the alleged offender. That warning shall be issued based on this section. On any subsequent complaint from the same location, a sworn law enforcement officer shall, if the proper noise measuring equipment is available and a sworn law enforcement officer that is certified and trained to use the equipment is available, measure the sound and proceed in accordance herewith. In the event the equipment or operator is not available, he or she shall issue a summons to be issued based on the provisions in this section.
(D) Any citizen may, without the benefit of noise measuring equipment or contacting a sworn law enforcement officer, appear before a Magistrate of the county and attempt to obtain a summons based on this section.
(Ord. passed 7-7-97) Penalty, see § 91.99