(A) The following acts are in violation of this section:
(1) Using, operating or permitting the use or operation, for any commercial purpose, or any loudspeaker, public address system, or any other device amplifying sound which creates a continuous noise disturbance on a public right-of-way or public place.
(2) Using, operating or permitting the use or operation, for any noncommercial purpose, of any loudspeaker, public address system, or any other device to amplify sound which creates a continuous noise disturbance across a dwelling unit boundary between the hours of 11:00 p.m. and 7:00 a.m.
(3) Operating or permitting the operation of a powered model vehicle so as to create a continuous noise disturbance across a dwelling unit boundary or in a public place between the house of 11:00 p.m. and 7:00 a.m.
(4) Operating, playing or permitting the operation of playing any radio, stereo, television, phonograph, drum, musical instrument or similar devices:
(a) Between the hours of 11:00 p.m. And 7:00 a.m. In such a manner as to create a continuous noise disturbance across a dwelling unit boundary; or
(b) In such a manner as to create a continuous noise disturbance at fifty (50) feet from the device, when operated in or on a motor vehicle on a public right-of-way, public place or private property.
(5) Repairing, rebuilding, modifying, testing or operating any motor vehicle, motorcycle, motor bicycle, or motor boat in such a manner as to cause a continuing noise disturbance across a dwelling unit boundary.
(6) Keeping or harboring within the city any dog that barks or yelps or otherwise creates a continuous noise disturbance across a dwelling unit boundary.
(7) Making, continuing, or causing to be made or continued, any continuous noise disturbance, including yelling, screaming, cursing, or other verbal outbursts, across a dwelling boundary line.
(B) Except as otherwise provided in division (A) above, the following shall be allowed and shall not be a violation of this section:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency, or for the performance of emergency work.
(2) Organized school-related programs, activities or events; parades or other public programs, activities or events authorized by the Mayor or his designated representative.
(3) The discharge of firearms by member of the Police Department or other sworn peace officers.
(4) Noncommercial public speaking and public assembly activities conduct by any public place or public right-of-way.
(5) City-owned bird cannons are allowed from one hour before dusk until one (1) hour after dusk.
(C) Variances.
(1) The Mayor or his designated representative shall have the authority, consistent with this section, to grant special variances. Any person seeking a special variance pursuant to this section shall file an application with the Mayor or his designated representative. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this section would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a special variance shall be given by the Mayor or his representative to persons who frequent the area of the sound or activity and who may be adversely affected by the granting of the variance. Any individual who claims to be adversely affected by the allowance of the special variance may file a statement with the Mayor or his representative containing any information to support his claim.
(2) In determining whether to grant or deny the application, the Mayor or his designated representative shall balance the hardship to the applicant, the community, and other persons of not granting the special variance against the adverse impact on property affected and any other adverse impact of granting the special variance. Applicants for special variances and persons contesting special variances may be required to submit any information the Mayor or his representative may reasonably require. In granting or denying an application, the Mayor or his representatives shall place on public file a copy of the decision and reasons for denying or granting the special variances.
(Ord. 4-08-1, passed 4-29-08) Penalty, see § 98.99