(A) Definitions. For the purposes of this section, the following words and phrases shall have the following meanings ascribed to them respectively.
NOISE DISTURBANCE. Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.
PERSONA. Any individual, association, partnership or corporation.
PUBLIC RIGHT-OF-WAY. Any street, avenue, highway, sidewalk or alley or similar place.
PUBLIC SPACE. Any real property or structures thereon which are owned or controlled by a governmental entity.
REAL PROPERTY BOUNDARY. A line along the ground surface and its vertical extension which separates the real property owned by one person from that owned by another person.
(B) Prohibited acts.
(1) Noise disturbances prohibited. No person shall make, continue or cause to be made or continued any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
(2) Specific prohibitions. The following acts and the causing thereof are declared to be in violation of this section:
(a) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:
1. In such a manner as to create a noise disturbance across a real property boundary; or
2. In such a manner as to create a noise disturbance at 50 feet from such device when operated in or on a motor vehicle on a public right-of-way or public space or in a boat on public waters; or
(b) Loudspeakers and public address systems. Using or operating for any purpose any loudspeaker, public address system or similar device such that the sound therefrom creates a noise disturbance across a real property boundary or on a public right-of-way or public space.
(C) Exceptions: Emergency exception. The provisions of this section shall not apply to the following:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency; or
(2) The emission of sound in the performance of emergency work.
(D) Enforcement: Powers of arrest or citation. Any authorized police officer may issue a citation for any violation under this section based on a citizen complaint or personally witnessing the forbidden conduct.
(E) Penalty. Any person, firm or corporation violating any provision of this section shall be fined in accordance with § 133.99(A).
(Ord. O-02-27, passed 10-28-02)