(A) Prohibited noise. It shall be unlawful for any person or persons to play, use, operate, or permit to be played, used, or operated, any radio, musical instrument, phonograph, or other machine or device designed for the producing or reproducing of sound if the sound is for the purpose of entertainment or is used for that purpose and:
(1) The noise created by groups or individuals is located in or upon a public street, highway, sidewalk, park, thoroughfare or other public area or is located in or upon a public access area, including, but not limited to, a shopping mall or a parking lot, or on any private property and the sound can be heard more than 50 feet from its source or measuring above 65 decibels in the daytime or 55 decibels at night; or
(2) The noise created by groups or individuals in a building or other structure or outside a building or other structure on public or private property and the sound can be heard more than 50 feet away from the building or structure or beyond the boundaries of the property surrounding such building or structure, whichever is greater or measuring above 65 decibels in the daytime or 55 decibels at night. Noise generated by altercations, parties, social events, rallies, meetings or other celebrations are included in this section to the disturbance of the citizens residing in the area.
(B) Prima facie evidence. It shall be prima facie evidence of a violation of this section if the noise can be heard outside the limits set forth in divisions (A)(1) and (2) of this section.
(C) Presumptions.
(1) Where the source of the prohibited noise, as set forth in division (A)(1) of this section, is a portable noise-producing or noise-reproducing device, including, but not limited to, a radio, tape recorder or tape player, and where the device is present in or is being transported through a public street, highway area or access area or is present on any private property, the person or persons in possession of the device shall be presumed to have permitted the noise in violation of this section in the absence of evidence to the contrary.
(2) Where the source of the prohibited noise, as set forth in division (A)(2) of this section, is located in a building or other structure, the owner, occupant, resident, manager or other person in possession of the premises shall, if present, be presumed to have permitted the noise in violation of this section in the absence of evidence to the contrary.
(D) Warnings; arrests. A police officer, if he or she has probable cause to believe a violation of this section is being committed in his or her presence, view, or range of hearing, may warn the apparent perpetrator or perpetrators to cease the noise which violates this section. If the violation persists after the warning, the officer may arrest, without a warrant, the perpetrator or perpetrators of the violation, and it is not necessary for the officer to have received a complaint in order to so act.
(E) Penalty. Any person violating any provision of this section is guilty of a municipal infraction and subject to a penalty of $500 for the first violation and $1,000 for the second violation.
(Prior Code, § 117-5) (Ord. 3-83, passed 9-26-1983; Ord. 6-95, passed 11-6-1995; Ord. 3-01, passed 5-21-2001; Ord. 04-2009, passed 6-15-2009)