(a) No person, upon any public or private property within the City, 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.
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 from a distance of fifty (50) feet or more; or
(2) In two-family and multifamily dwellings, where the sound is audible beyond the confines of the unit where the sound or noise originates.
(b) 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 amplify the 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 so that the sound is plainly audible from the motor vehicle.
A 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) herein; 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 motor vehicle and the distance involved.
(c) “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.
(d) “Plainly audible” means any noise or sound produced by sound making devices or instruments that can be heard by a person using his unenhanced auditory senses from a line of 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 detention of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
(e) Any law enforcement personnel who hears a sound that is plainly audible as defined herein, shall be entitled to measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
(2) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he can readily identify the offending motor vehicle and the distance involved.
(3) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
(f) The motor vehicle from which the sound is produced must be located (stopped, standing or moving) within the City. Parking lots and driveways are included.
(g) It is an affirmative defense to a charge under this section that the operator 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 and the vehicle was owned and operated by the City or a gas, electric, communications or refuse company;
(3) Was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons with the approval of the departments of the City authorized to grant such approval;
(4) Was used in authorized public activities, such as parades, fireworks, festivals, sports events, music productions and other activities which have the approval of the department of the City authorized to grant such approval.
(h) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 00-11. Passed 7-17-00.)