9.8.101: NOISE PROHIBITED:

   A.   It is unlawful to make, create, or permit an excessive or unusually loud noise, or a noise which endangers public safety, or a noise which is harmful to any person, which can be heard without the use of an electronic measurement device or heard and measured in the manner prescribed in section 9.8.103 of this part; except when made under and in compliance with a permit issued pursuant to section 9.8.109 of this part.

   B.   It is unlawful for any person to operate or allow to be operated any vehicle, machine, motor, or device or carry on any other activity in a manner as would be a violation of section 9.8.104 of this part and section 9.8.201 of this article or other applicable sections.

   C.   It is unlawful for any person to operate, drive, or be in possession of a motor vehicle which is stopped, standing, parked or moving, and to make, create or permit an excessive or unusually loud noise, or a noise which endangers public safety, or is harmful to any person, which can be heard without the use of an electronic measurement device or heard and measured in the manner prescribed in section 9.8.103 of this part.

   D.   It is unlawful for any person to be in control of and allow operation of an electronic theft or burglar alarm which sounds an audible signal, without an automatic shutoff device, and the audible signal sounds continually for more than sixteen (16) minutes. No part of this section shall apply to fire, smoke, sprinkler, medical or personal distress signaling devices.

   E.   The complainant may include, but not be limited to, police officers acting under color of the person's authority.

   F.   It is an exception to a charge under subsection C of this section that:

      1.   The vehicle was an emergency, medical, or public safety vehicle operating in its official capacity; or

      2.   The vehicle's sound amplification system was used in compliance with a permit issued pursuant to section 9.8.109 of this part, or has the approval of the Mayor.

   G.   Evidence of noise heard and measured in a manner prescribed in section 9.8.103 of this part, which is less than that required for a conviction by use of test or measurement as set out in section 9.8.103 of this part may be offered to prove a violation of this section as heard without an electronic measurement device. Among the circumstances which may be considered in determining whether reasonable grounds for belief have arisen that a person has violated this section are:

      1.   The time of day.

      2.   The location of the noise.

      3.   Whether the noise can be heard from at least one hundred feet (100') from its source. (Ord. 96-41; Ord. 01-42; Ord. 11-19)