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(A) Offense. It is unlawful between the hours of 12:00 a.m. and 5:00 a.m., for any person, establishment, corporation or institution to allow or cause excessive, loud or unusual noise regardless of the instrument, device or other source from which the noise emits so long as such noise emits from property, whether real or personal, owned or within the control, of 1 or more persons, establishments, corporations or institutions. It shall be prima facie evidence that the loud noise is loud, excessive or unusual if it can be heard by a person, who has normal hearing ability, for a distance of 200 feet, or more from its source.
(B) Exceptions. This section shall not apply to:
(1) Persons, establishments, corporations or institutions who operate vehicles, devices, machinery or other apparatus while engaged in interstate or intrastate commerce which by the nature of the activities emits a noise the volume or nature of which cannot be controlled are exempt from the operation of this division.
(2) Emergency vehicles are exempt from the operation of this section so long as said vehicles are actually engaged in emergency activity. Emergency vehicles include, but are not limited to, fire apparatus, vehicles operated by volunteer firefighters, vehicles operated by law enforcement agencies and vehicles operated as ambulances.
(2001 Code, § 10-2-2) Penalty, see § 131.99