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(a) Certain noises prohibited.
(1) It shall be unlawful for any person(s) using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as disturbs the peace, quiet and comfort of neighboring inhabitants or general public at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of any such set, instrument, photograph, machine or device, between the hours of midnight and 7:00 a.m., in such manner as to be plainly audible at a distance of 50 feet from the building or structure or 25 feet from the vehicle in which it is located, shall be prima facie evidence of a violation of this section.
(2) It shall be unlawful for any person using, operating or permitting to be operated, or the owner thereof, to allow to be operated any ATV, moped, motorcycle or other motor vehicle upon property within the city limits in such a manner as disturbed the peace, quiet and comfort of the neighboring inhabitants or general public at any time. It shall be considered prima facie evidence that the person is disturbing the peace if the vehicle is plainly audible at a distance of 50 feet from the vehicle.
(b) Penalty. Upon conviction of a violation of this section, the court shall impose a fine of not less than $100, nor more than $499. Upon a second conviction within a three-year period, the court shall impose a fine of not less than $200, nor more than $499.
(c) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PERSON(S). Any individual and/or the parents or custodian of any individual under the age of 18 who is living with parents or custodians.
(Ord. 645, passed 3-5-2012)