A. Definitions:
UNREASONABLE NOISE: Shall mean any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or that would unreasonably interfere with the enjoyment of life or property. City agents, police officers and Code Enforcement Officers are authorized to make a prima facie determination as to whether a sound constitutes an unreasonable noise, which determination may be based upon, but need not be limited to, a consideration of the following factors:
1. The time of day when the sound occurs;
2. The frequency (repetition) and duration of the sound;
3. The proximity and sensitivity of neighboring land uses (e.g., residential dwellings, care centers, and hospitals being more sensitive than convenience stores and public activity areas);
4. The size of any gathering of persons creating or contributing to the sound;
5. The presence or absence of sound amplification equipment; and
6. Any other factors tending to show the magnitude and/or disruptive effect of the sounds.
B. Unreasonable Noise Prohibited: It shall be unlawful to make, continue or cause to be made or continued any unreasonable noise, and no person shall knowingly permit such noise upon any premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation. For purposes of this section, proof that the owner or occupant of the premises upon which the unreasonable noise occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises and knowingly permitted the violation to occur.
C. Exemptions: The limitations of this section shall not apply to:
1. Authorized emergency vehicles;
2. Construction equipment operating between the hours of six thirty o'clock (6:30) A.M. and either eight thirty o'clock (8:30) P.M. or one hour after sunset, whichever is later;
3. City and State public works maintenance and repair activities (e.g., snow plowing, excavating water line breaks, etc.);
4. Any activity that has been identified and specifically authorized by the City through the zoning site plan review process, as evidenced by a specific condition authorizing the exemption or variance from the requirements of this section;
5. Activities conducted or sponsored by the City (such as concerts in parks, parades, fireworks displays, etc.);
6. Church or school chimes or bells; and
7. Events specifically approved by the Governing Body, or by authorized City staff, such as dances, concerts, shows, festivals and carnivals.
D. Violations: Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-4-1 of this Code. (Ord. 2018-08, 5-1-2018)