(a) No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities, by means of a radio, phonograph, television, tape player, compact disc player, loudspeaker or any other sound-amplifying device, or by a horn, drum, piano or other musical or percussion instrument. It is prima-facie unlawful for a person to generate or permit to be generated sound by the above-described devices or instruments in the following circumstances:
(1) On private property between the hours of 11:00 p.m. and 8:00 a.m. of the following day where the sound is audible more than 60 feet from the source of the sound;
(2) In two-family and multifamily dwellings between the hours of 11:00 p.m. and 8:00 a.m. of the following day where the sound is audible beyond the confines of the unit from where the source of the sound is generated; or
(3) On a street or highway or in the public right of way where the sound is audible 60 feet from the device generating the sound. Persons in possession of a current permit or engaged in activities of a school are exempt from the provisions of this division.
(b) No person, who is the owner of a premises, or a person in possession of a premises, or a person in control of a premises by reason of employment, agency or otherwise, whether such ownership, possession or control is exclusive or joint, shall permit a violation of this section.
(c) Warning and alarm devices which have the purpose of signaling unsafe or dangerous situations, or calling for police, are exempt from the prohibitions of this section, when used for such purposes.
(d) Whoever violates this section is guilty of a using unreasonable sound- amplifying devices, a minor misdemeanor, except that if the offender persists in such violation after reasonable warning or request to desist, he or she is guilty of a misdemeanor of the fourth degree. The penalty shall be as provided in Section 698.02.
(Ord. 15-94. Passed 9-12-94.)