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(a) No person shall operate or cause to be operated any whistle, rattle, bell, gong, clapper, hammer, drum, horn, player piano, calliope, radio, phonograph or other sound-producing or sound-amplifying instrument, or otherwise create noise or sound, in such manner as to disturb the peace and quiet of a neighborhood or to interfere with the transaction of business or other ordinary pursuits. However, nothing herein shall be construed to affect the usual and reasonable operation of vehicles or to prohibit the reasonable use of automobile warning signals, the reasonable ringing of church bells or the reasonable and ordinary noises attendant at athletic contests or lawful public or semipublic meetings, parades or celebrations.
(b) Subject to the provisions in subsection (a) hereof, 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 9:00 p.m. and 8:00 a.m. of the following day in a predominantly residential area regardless of an existing nonconforming use or variance, where the sound is audible more than eighty (80) feet from the property line of the property on which the source of the sound is located;
(2) On a street or highway, or in the public right-of-way, where the sound is audible one hundred (100) feet from the device generating the sound. Persons in possession of a current parade permit or a current loudspeaker permit are exempt from the provisions of this paragraph.
(c) No person, being the owner, person in possession of or person in control of the 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.
(d) Warning and alarm devices which have the purpose of signaling unsafe or dangerous situations or calling for police are exempted from the prohibitions of this section when used for such purposes.
(e) Whoever violates this section is guilty of generating unreasonable noise, a minor misdemeanor for each offense. If the offender persists in generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 698.02.
(Ord. 1992-166. Passed 1-18-93.)