§ 130.14 NOISE.
   (A)   It is hereby declared to be a public nuisance and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store or any place of public amusement, entertainment or accommodation, to play or permit to be played any music or musical instrument or instruments whether played by individuals, orchestra, radio, phonograph, music box or other mechanical device or means in a loud or unusual manner as to be offensive to the senses, or so as to disturb the slumbers, peace and quiet, or otherwise interfere with or annoy the comfortable enjoyment of life or property of any considerable number of persons in the neighborhood, and is no less a nuisance because the extent of the annoyance inflicted is unequal.
   (B)   It is unlawful to play, operate or use any device known as a sound truck, loudspeaker or sound amplifier, radio or phonograph with loudspeaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless the person in charge of the vehicle shall have first applied to and received permission from the Chief of Police to operate any vehicle so equipped.
   (C)   It is unlawful for any person to operate a motor vehicle which shall not, at all times, be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise, and it is unlawful for any person operating any motor vehicle to use a cut-out, by-pass or similar muffler elimination appliance.
   (D)   Penalties.
      (1)   A violation of § 130.14(A) is a Class 2 misdemeanor.
      (2)   A violation of § 130.14(B) or (C) is a petty offense.
      (3)   For Class 2 and petty offense penalties, see § 130.99.
(1974 Code, § 10-1-16) (Ord. 13-004, passed 10-8-2013)