(a) No person shall generate or permit to be generated, an unreasonable noise or loud sound which is likely to cause an inconvenience or annoyance to persons of ordinary sensibilities, by means of any noise producing device, radio, phonograph, television, tape or disc player, loudspeaker or any other sound-amplifying device, or by means of any horn, drum, piano, or other musical or percussion instrument.
(b) It is prima facie unlawful for a person to generate or permit to be generated sound by the devices or instruments described in subdivision (a) hereof in the following circumstances:
(1) On private property between the hours of 10:00 p.m. and 8:00 a.m. of the following day in a predominately residential area, regardless of an existing nonconforming use or variance, where the sound is audible more than 60 feet from the property line of the property on which the source of the sound is located;
(2) On private property of a residential facility, such as apartments, condominiums or assisted living housing, regardless of an existing nonconforming use or variance, where the sound is audible through the wall or where the wall vibrates from the sound-producing device;
(3) On a street, highway, roadway, or in the public right-of-way where the sound is audible 50 feet from the device generating the sound. Persons in a parade that have been authorized by the proper authority are exempt from provisions of this section.
(c) No person, being the owner of a premises, a person in possession of a premises, or a person in control of a 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.
(d) Whoever violates this section is guilty of generating unreasonable noise, a misdemeanor of the fourth degree upon a first offense and a misdemeanor of the third degree upon a subsequent offense.
(Ord. 8-03. Passed 2-11-03.)