(a) No person, upon any public or private property shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to any persons of ordinary sensibilities.
(b) It is unlawful for a person to generate or permit to be generated sound by sound- making devices or instruments in the following circumstances.
(1) On private property where the sound is plainly audible as defined in subsection (d) hereof; or
(2) In two-family and multi-family dwellings, where the sound is audible beyond the confines of the unit where the sound or noise originates.
(3) At any bar, tavern, restaurant or similar establishment from the hours of 10:00 p.m. to 11:59 a.m. on Monday, Tuesday, Wednesday, Thursday and Sunday and 11:00 p.m. to 11:59 a.m. on Friday and Saturday. At all other times sound-making devices and/or instruments are permitted, but the sound generated should be in a reasonable fashion designed to be no louder than is necessary for the business patrons to enjoy.
(c) No person operating or occupying a motor vehicle on any street, highway, alley, public parking lot, driveway or lawn shall generate or permit to be generated unreasonable noise or loud sound, which is likely to cause inconvenience or annoyance to any persons of ordinary sensibilities by means of sound-making devices or instruments on the inside or outside of a motor vehicle. The person shall be deemed to have violated this subsection where:
(1) The sound emanating from the vehicle is plainly audible as defined in subsection (d) hereof; and
(2) The motor vehicle producing the noise or sound is observed by another having a direct line of sight and hearing, so that the person can readily identify the offending vehicle and the distance involved.
(d) "Sound-making devices or instruments" means any radio, phonograph, television, tape player, compact disc player, loudspeaker or any other sound amplifying device or a drum, piano or any other musical or percussion instrument.
(e) "Plainly audible" means any noise or sound produced by sound-making devices or instruments that can be heard by a person using his or her unenhanced auditory sense from a sight distance of fifty feet (50') or more from the source. A person need not determine the particular words or phrases being produced or the name of any song or artist producing the noise or sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
(f) It is an affirmative defense to a charge under this section that the occupant of the sound-making device or instrument was not otherwise prohibited by law from operating the sound- making devices or instruments and that any of the following apply. The sound-making device or instrument:
(1) Was being operated to request medical or vehicular assistance or to warn of a hazardous road condition.
(2) Was being used on an emergency or public safety vehicle.
(3) The vehicle was owned and operated by the City or a gas, electric, communications or refuse company.
(4) Was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblage of persons with the approval of the department of the City authorized to grant such approval.
(5) Was used in authorized public and commercial activities such as parades, fireworks, festivals, sport events, music productions and other activities which have the approval of the Safety-Service Director.
(g) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 54-17. Passed 3-26-18.)