(a) A person commits an offense if he operates or causes to be operated any mechanical loudspeaker or sound amplifier in a public place or upon any public sidewalk, street, alley, or highway of the city in violation of any of the following limitations and requirements:
(1) No mechanical loudspeaker or sound amplifier may be operated within 150 feet of the property line of the premises of a residence, except between the hours of 8:00 a.m. and sunset, as designated by publication in a local newspaper of general circulation.
(2) A mechanical loudspeaker or sound amplifier may not emit loud and disturbing noises so as to interfere with the enjoyment of life or property or to interfere with public peace and comfort.
(3) A mechanical loudspeaker or sound amplifier must be operated so as not to cause traffic congestion or congregation of crowds that obstructs any public sidewalk, street, alley, or highway.
(4) A mechanical loudspeaker or sound amplifier may not be operated within 150 feet of any:
(A) hospital;
(B) school that is in session;
(C) nursing home; or
(D) facility that provides surgical services to patients who do not require overnight hospital care during the hours of operation of the facility.
(b) In this section:
(1) RESIDENCE means a single-family, duplex, or multifamily dwelling.
(2) SURGICAL SERVICES means therapy of a mechanical or operative kind, including, but not limited to, operations involving cutting, the setting of fractures and dislocations, and similar manual forms of treatment.
(c) If conduct that would otherwise violate this section consists of speech or other communication, of gathering with others to hear or observe such speech or communication, or of gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, the person must be ordered to move, disperse, or otherwise remedy the violation prior to arrest or citation.
(d) The order required by Subsection (c) may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation.
(e) It is a defense to prosecution under Subsection (a) that:
(1) in circumstances in which this section requires an order, no order was given;
(2) an order, if given, was manifestly unreasonable in scope;
(3) an order, if given, was promptly obeyed;
(4) the mechanical loudspeaker or sound amplifier was operated in a public place within an enclosed structure and was not audible beyond the property line of the premises on which it was located;
(5) the person operating the mechanical loud speaker or sound amplifier was a law enforcement officer or member of the fire department in the performance of official duties;
(6) the mechanical loudspeaker or sound amplifier was operated for the purpose of alerting persons to the existence of an emergency or danger; or
(7) the mechanical loudspeaker or sound amplifier was operated in the performance of emergency work necessary to restore public utilities, to restore property to a safe condition, or to protect persons or property from imminent danger, following a fire, accident, or natural disaster. (Ord. Nos. 13744; 18798; 19455; 21878; 24835)