509.13 LOUD NOISE INSIDE AND OUTSIDE ENTERTAINMENT PLACES.
(a) No person operating a restaurant, hotel, motel, liquor establishment or other place of refreshment or entertainment venue shall, or permit any person to, play any radio, music player, audio system or musical instrument in such a manner or at such volume as to annoy or disturb the peace and quiet of the surrounding neighborhood, having due regard for the proximity of residences, hospitals, or other residential institutions, and to any other conditions affected by such noises.
(b) In order to accommodate an outdoor performance or other outdoor special event, the City Manager may authorize a person to play, or authorize that person to permit another person to play, a radio, music player, audio system or musical instrument in such a manner that would otherwise violate division (a) of this section.
(c) Evidence that a person is or is permitting the playing of a radio, music player, audio system or musical instrument within a restaurant, hotel, motel, liquor establishment or other place of refreshment, or entertainment venue after 1:00 a.m. shall constitute prima facie evidence of a violation of division (a) of this section.
(d) Unless otherwise authorized according to division (b) of this section, evidence that a person is or is permitting the playing of a radio, music player, audio system or musical instrument outside a restaurant, hotel, motel, liquor establishment or other place of refreshment, or entertainment venue after 11:00 p.m. on Fridays and Saturdays or after 10:00 p.m. on any other day shall constitute prima facie evidence of a violation of division (a) of this section.
(e) In every charge of violation of this section the affidavit shall state the time of day at which the offense is alleged to have occurred.
(f) Where persons are participating in a course of action in violation of Section 509.13, a law enforcement officer or other public official may order the participants and such other persons to disperse. No person shall knowingly fail to obey such order.
(g) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2012-9-75. Passed 9-7-12; Ord. 2017-8-94. Passed 8-23-17; Ord. 2022-9-89. Passed 9-28-22.)