(A) A person who recklessly, knowingly or intentionally makes unreasonable noise and continues to do so after being asked to stop, commits disorderly conduct which is a Class B misdemeanor and is subject to prosecution as provided by state law.
(B) OBNOXIOUS NOISE is any noise noxious enough to destroy the enjoyment of residents or other uses of property in the vicinity interfering with the ordinary comforts of human existence, including, but not limited to:
(1) Horns, signaling devices. Unnecessary sounding of horns or signal devices on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control or if in motion only as a danger signal after or as brakes are being applied and declaration of the vehicle is intended or any such signal device of any unreasonably loud or harsh sound from any device for an unnecessary and unreasonable period of time;
(2) Radios, phonographs, boom boxes and the like. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace and quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto: the operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;
(3) Schools, courts, churches, hospitals. Creation of excessive noise or disturbing noises of any kind on any street adjacent to any school, institution of learning, church or court while the same are in session or adjacent to the medical facility which unreasonably interferes with the workings of such institutions provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street;
(4) Hawkers, peddlers, advertisers and the like. The use of sound trucks, loud speakers, amplifiers or other instruments or devices for the purpose of making noise to attract attention to any performance, show or sale or display of merchandise without the specified approval of the Mayor or the Clerk-Treasurer to such use; and
(5) Yelling, shouting, barking dogs and the like. Noises on the street or in neighborhoods made by person, groups of persons yelling, shouting, singing, hooting, whistling or making other vocal noises or barking dogs, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in any facility, dwelling, hotel or any other type of residence or of any persons in the vicinity.
(C) Noise that is a result of parades, school functions, sports or band functions, community involvement functions or the like is exempt from this section.
(Ord. 1995-7, passed - -1995; Ord. 2007-0601, passed 8-13-2007) Penalty, see § 93.99