(A) No person shall play, use or operate, or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, including, but not limited to, loudspeakers, radios, CD players, television sets, musical instruments, phonographs, cassette players or any other machine designed or intended to produce or reproduce sound, nor operate or permit to be operated, any motor vehicle, lawnmower, machinery and/or equipment that contains a modified or defective exhaust system, if such machine, device or vehicle is located in or around any of the following:
(1) Any public property, including any public right-of-way, highway, road, street, alley, building, sidewalk, parking lot, public space, park, thoroughfare or public transportation area and the sound generated therefrom is clearly audible by another person at a distance of 50 feet or more from its source; or
(2) Any private property, and the sound generated therefrom is clearly audible by another person at a distance of 50 feet or more outside of said private properly line.
(B) The following are exempted from the provisions of this section:
(1) Sounds emitted from authorized emergency vehicles;
(2) Lawn mowers, garden tractors, construction equipment and power tools, when properly muffled, between the hours of 7:00 a.m. and 9:00 p.m. only;
(3) Burglar alarms and other warning devices when properly installed, providing the cause for such alarm or warning device sound is investigated and said alarm turned off within a reasonable period of time;
(4) Parades, festivals, carnivals, fairs, celebrations, concerts, artistic performances and/or other events authorized by the Board or by another appropriate governmental entity;
(5) Attendant noise and sound emission connected with the actual performance of athletic or sporting events and practices related hereto;
(6) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency work;
(7) Sounds associated with the use of legal fireworks or celebrations of legal holidays;
(8) Sounds associated with the normal conduct of legally established non-transient businesses, when such sounds are customary, incidental and within the normal range appropriate for such use;
(9) Sounds emitted from sound amplifying devices from which a permit has been obtained pursuant to any state or local law or regulation;
(10) Sounds emitted for the performance of emergency work;
(11) In the case of motor vehicles, where the noise and sound emission is the result of a defective or modified exhaust system, if the cause is repaired or otherwise remedied within seven calendar days;
(12) Sounds associated with the use and operation of the County Airport;
(13) Church bells; and
(14) Sounds associated with generally accepted practices of agricultural operations. These practices include, but are not limited to, noises from livestock and sounds emitted from farm machinery, such as semis, combines and tractors. Sounds emitted from farm machinery at animal feeding operations, which are used for activities such as feed delivery and manure management, are also exempted.
(C) The County Sheriff and the Board of Commissioners of the county (or their agents, representatives or designees) shall have the joint and collective authority to develop, establish, incorporate, monitor and regulate specific rules and guidelines in furtherance of the intent and objectives of this section.
(Ord. 11-2004, passed 7-29-2004) Penalty, see § 90.99