A. Definitions: For the purposes of this section, the following definitions shall apply:
CITY: Jerome, Idaho, or the area within the city limits of Jerome, Idaho.
COMMON AREA(S): The area(s) of a facility, complex, apartment unit, motel or the like that are open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, meeting rooms, lounges, bars, or other areas within a facility that are either constructed or designed for use in this manner.
EMERGENCY: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
EMERGENCY VEHICLE: A motor vehicle owned or leased by a city, county or fire district; an ambulance; or a motor vehicle owned or leased by a federal, state, county or municipal law enforcement agency.
LOUD AMPLIFICATION DEVICE: Any equipment designed or used for sound production, reproduction or amplification, including, but not limited to, any radio, television, phonograph, musical instrument, stereo system, tape player, compact disc player, loudspeaker, public address system, amplifier or similar broadcasting device.
PERSON: Any individual, association, organization or entity having a legally recognized existence, whether public or private.
PLACE OF RESIDENCE: Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event a building is used for multiple individual units, such as an apartment, condominium, motel or other multi-family residence, each individual unit shall be considered a separate residence for the purpose of this section.
PLAINLY AUDIBLE: Sound for which the information content is clearly communicated to the listener, including, but not limited to, sound which is understandable spoken speech, whether or not the speaker's voice is raised or normal, comprehensible music or rhythms, melody or instrumentation, and the source of which is identifiable to the listener.
B. Noise Prohibitions: It shall be unlawful for any person to operate or permit the operation of any loud amplification device in such a manner that the sound therefrom:
1. Is plainly audible within any place of residence not the source of the sound, or
2. Is plainly audible upon a public right of way or street at a distance of one hundred feet (100') or more from the source of such sound.
C. Exemptions: The following sounds shall be exempt from the provisions of this section:
1. Sounds caused by any emergency vehicle or personnel in responding to an emergency call or acting in time of emergency.
2. Sounds caused by activities upon any outdoor municipal, school, religious or publicly owned property or facility, provided that such activities have been authorized by the owner of such property or facility or by its agent.
3. Sounds from parades, fireworks displays or any other event for which a permit for that type of activity is required and has been obtained from the appropriate governmental entity within the limits imposed by any such permit.
4. Sounds caused by locomotives or other railroad equipment.
5. Sounds from burglar alarms that are not in violation of law.
6. Sounds caused by safety warning devices which are required by law.
7. Sounds caused from devices associated with lawful land uses within the zoning district from which the noise emanated, including any sound lawful under the terms of a special use permit.
8. Sounds emanating from devices used within the common area of a multi-unit residential dwelling, whose use has been approved by the persons who have lawful authority to manage the common areas. This exemption only applies in relation to persons complaining about sounds from other units within the same multi-unit facility.
D. Relationship To Other Law: The provisions of this section are intended to be cumulative and not exclusive and shall not affect any other prohibition or regulation of noise or sound now adopted by the city of Jerome or by any other jurisdiction with authority to administer laws within the city limits of Jerome, Idaho.
E. Penalty: Any person who violates a term or provision of this section shall be guilty of an infraction punishable by a fine of one hundred dollars ($100.00), including court costs and fees. (Ord. 980 §1, 2005: Ord. 960 §§1, 2, 3, 4, 5, 2004)