509.09 NOISE-MAKING AND NOISE-AMPLIFYING DEVICES; VARIANCES.
   (a)   The operation or maintenance of noise-making, noise-amplifying or noise- producing instruments or devices by which the peace or good order of a neighborhood is disturbed is hereby declared to be a nuisance. No person shall operate or maintain any radio, phonograph, tape player, compact disc player, loudspeaker or any noise-making device, or noise- amplifying device, in any public or private place by which the peace and good order of the neighborhood is disturbed or persons owning or occupying property in the neighborhood are disturbed or annoyed. “Neighborhood” includes the vicinity of any school, institution or learning, place of worship, court or hospital, while the same is in use.
   (b)   It shall be unlawful to use, operate or permit the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public place for any commercial purpose. It shall be unlawful to use, operate or permit for any noncommercial purposes any loudspeaker, public address system, mobile sound vehicle or similar device between the hours of 8:00 p.m. and 8:00 a.m. such that the sound therefrom creates a noise disturbance across a residential real property boundary.
   (c)   The City Manager or his or her designated representative shall have the authority consistent with this section, to grant special variances.
      (1)   Any person seeking a special variance pursuant to this section shall file an application with the City Manager or his or her designated representative. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this section would constitute an unreasonable hardship on the applicant, community or other persons.
      (2)   In determining whether to grant or deny the application, the City Manager or his or her designated representative shall balance the hardship to the applicant, the community and other persons, of not granting the special variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact of granting the special variance. Any regulations of time, place and manner shall be independent of the content of the speech. Applicants for special variances and persons contesting special variances may be required to submit any information the City Manager or his or her representative may reasonably require.
      (3)   A special variance shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the special variance shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special variance was granted.
   (d)   The provisions of this section shall not apply to the following:
      (1)   The emission of sound for the purpose of alerting persons to the existence of an emergency or for the performance of emergency work; or
      (2)   Organized school-related programs, activities or events, or parades or other public programs, activities or events, authorized by the City Manager or his or her designated representative.
   (e)   Any violation of this section is declared to be a nuisance. In addition to any other relief provided by this section, the Law Director may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include a temporary restraining order, preliminary injunction and permanent injunction.
   (f)   Whoever violates this section is guilty of a minor misdemeanor; if the offender has had one prior conviction of this offense, the second violation of this section is a misdemeanor of the fourth degree; if the offender has had two or more prior convictions of this offense, any subsequent violation of this section is a misdemeanor of the third degree.
(Ord. 40-12. Passed 1-2-13; Ord. 27-16. Passed 10-18-16.)