(A) For purposes of this section, UNREASONABLE NOISE shall mean sound that is of a volume, frequency, or pattern that prevents, disrupts, injures, or endangers the health, safety, welfare, prosperity, comfort or repose of reasonable persons or ordinary sensitivities within the city, given the time of day or environment in which the sound is made.
(B) Except as otherwise provided in this section, it shall be unlawful for any person to cause or make any unreasonable noise or to allow any unreasonable noise to be made in or on any real or personal property occupied or controlled by that person.
(C) In addition to the foregoing, the following acts are violations of this section:
(1) It shall be a violation of this section to operate a motor vehicle with an internal combustion, steam or air motor unless the motor vehicle is equipped with a suitable and efficient muffler or baffle. A muffler or baffle shall be considered suitable and efficient, for purposes of this section, when the vehicle does not create unreasonable noise. Except by specific governmental authorization by the Mayor or his or her duly authorized representative or the Board of Public Works and Safety (the “Board”), no person while on a public or private highway, street or road shall operate a motor vehicle with the muffler or baffle cut out or removed. No cutout shall be so arranged or connected as to permit its operation or control by the driver of any motor vehicle while in position for driving or by a passenger of any motor vehicle.
(2) Except as used for warning purposes, it shall be a violation of this section to use, operate or sound any horn or signaling device on any motor vehicle in any public street or public place in the city for any unreasonable period of time.
(3) It shall be a violation of this section to play, use or operate or allow to be played, used, or operated in any motor vehicle any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any other machine or device for producing or reproducing sound at a volume that is louder than necessary for the convenient hearing of persons who are inside the vehicle within which such device is placed, used or operated. Sound that is clearly audible 30 feet or more from the vehicle is prima facie evidence of a violation of this section.
(4) It shall be a violation of this section to play, use, operate or allow to be played, used or operated, any radio television, digital media player, loudspeaker, sound amplifier, musical instrument, or any other machine or device for producing or reproducing sound in such a manner that the sound produced persists continuously or intermittently for a period of at least 15 minutes and can be heard outside the immediate premises from the location of the emitter by a person with normal hearing. Sound that is clearly audible to a person with normal hearing from any place other than the premises from which the source of the sound is located, when the sound occurs between the hours of 9:00 p.m. and 7:00 a.m., is prima facie evidence of a violation of this section.
(Ord. 2014-26, passed 12-9-2014; Am. Ord. 2016-19, passed 11-22-2016) Penalty, see § 95.076