(a) Excessive Sound Prohibited.
(1) No person shall operate, cause to be operated or permit to be operated any radio, television, phonograph, tape player, loud speaker, musical instrument, siren, car alarm, whistle, bell or other sound amplification device in such a manner and of such intensity and duration as to create unreasonable noise or loud sound and which causes inconvenience and annoyance to persons of ordinary sensibilities.
(2) No person being the owner or person in possession of a motor vehicle with a device described above shall cause or permit any noise emanating from the motor vehicle which is plainly audible at a distance of fifty feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
(b) Unreasonable Noise. In determining whether a noise is of such a character as to unreasonably disturb the peace and quiet of the community, the following factors shall be considered:
(1) Complaints of neighbors or other persons in the proximity.
(2) The location and time of day when the noise is produced.
(3) The type, intensity and duration of the noise produced.
(c) Warning. It shall be presumed to be a violation of this section if notice to cease and desist producing a noise has been given to any person and that person continues to make, cause or permit a noise of similar intensity and duration, provided, however, that no warning shall be required if a person of ordinary sensibilities knew or should have known that the noise created would cause unwarranted annoyance to persons of ordinary sensibilities.
For the purpose of this section, a "request to desist" means actual notice of the disturbance by any person to the offender or to an employee or representative of the offender. Once such a request to desist is made, it shall continue to be effective for the purposes of this section beyond the immediate time period in which it is given, and is effective even if the noise disturbs persons other than the person who makes the request to desist.
(d) Exemptions. The following shall be exempt from noise level regulations:
(1) Noises of safety signals, warning devices and emergency pressure relief valves.
(2) Emergency vehicles when responding to or acting in time of emergency.
(3) Any other noise resulting from activities of a temporary duration, permitted by law and for which a license or permit therefor has been granted by the City.
(4) Noises resulting from the normal use of churches, schools, athletic fields, parks and auditoriums.
(e) Penalty. Whoever violates a provision of this section is guilty of a minor misdemeanor, each violation constituting a separate offense.
(Ord. 40-94. Passed 11-15-94.)