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(a) The use of radios or other sound making devices or instruments in, or on, motor vehicles is hereby prohibited under the following circumstances:
(1) No person operating or occupying a motor vehicle within the City shall operate or amplify the sound produced by a radio, tape player, CD player, or other sound making device or instrument from within, or on, said motor vehicle so that the sound is:
A. Audible at a distance of 100 feet or more from the motor vehicle; or
B. Louder than necessary for the convenient hearing by persons inside the motor vehicle in areas adjoining churches, schools or hospitals.
(2) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle or public safety vehicle equipped with any communication device necessary in the performance of any emergency procedures.
(3) The provisions of this section shall not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business, use sound making devices.
(4) The provisions of this section shall not apply to the noise made by a horn or other warning device required or permitted by state law.
(5) As used in this section, "audible" shall mean any sound produced by a radio, tape player, CD player, or other mechanical or electronic sound making device or instrument, from within the interior or on the exterior of a motor vehicle, including sound produced by a portable sound making device, that can be heard outside the vehicle by a person using his normal hearing faculties at a distance of 100 feet or more from the motor vehicle.
(6) A law enforcement officer who hears a sound that is audible, as defined herein, shall measure the sound according to the following standards:
A. The primary means of detection shall be by the officer's ordinary auditory senses, so long as the officer's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
B. The officer shall have a direct line of sight and hearing to the motor vehicle producing the sound so that he or she can readily identify the offending motor vehicle and the distance involved.
(7) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute an audible sound.
(8) The motor vehicle from which the sound is produced shall be located upon, either stopped, standing or moving, a street, highway, parking lot or driveway within the City.
(b) No person shall unreasonably make, continue or cause to be made, continued or permitted, any noise disturbance by any of the following means:
(1) Air conditioners. Maintaining any refrigeration machinery or air conditioning, consisting of air compressors or rotating or reciprocating machinery, in such a manner as to create a noise disturbance across a residential real property boundary line.
(2) Construction. No land developer or subdivider shall operate or permit the operation of any construction equipment or tools used for purposes of construction, site preparation, erection, repair or any similar activity between the hours of 9:00 p.m. and 7:00 a.m. of the following day, Monday through Saturday. This restriction shall not apply to emergency repairs to prevent or alleviate physical trauma or property damage threatened or caused by any such emergency. No operation, as described herein shall occur on Sunday before 12:00 noon, and such operation shall cease on or before 6:00 p.m.
(3) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawn mower or other similar device used outdoors, other than powered snow removal equipment, outdoors between the hours of 9:00 p.m. and 7:00 a.m. or on Saturday or Sunday before the hour of 8:00 a.m.
(4) Emergency signaling devices. Intentionally sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing as provided in this subsection. Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 7:00 a.m. or after 9:00 p.m. or the closing time of a commercial establishment, whichever shall occur later. Any such testing shall use only the minimum cycle test time. In no case, shall any such time exceed sixty seconds. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur before 7:00 a.m. or after 9:00 p.m., and in no case shall such test exceed 10 seconds.
(5) Explosives, firearms and similar devices. Using or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a residential real property boundary line or on a public space or right-of-way.
(6) Loading and unloading materials. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 9:00 p.m. and 7:00 a.m., in such a manner as to cause a noise disturbance across a residential real property boundary line.
(7) Loudspeakers/public address systems.
A. Using, operating or permitting the operation of any loudspeaker, public address system, mobile sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public space for any commercial purpose; or
B. Using, operating or permitting for any noncommercial purpose any loudspeaker, public address system, mobile sound vehicle, or similar device between the hours of 9:00 p.m. and 7:00 a.m., or such that the sound therefrom creates a noise disturbance across a residential real property boundary line.
(8) Powered model vehicles. Operating or permitting the operation of a powered model vehicle or vehicles including, but not limited to, model airplanes, boats, cars or rockets, so as to create a noise disturbance across a residential real property boundary line or on a public space of right-of-way between the hours of 9:00 p.m. and 7:00 a.m.
(9) Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying operating or testing any motor vehicle, motorcycle, motorized bicycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary line.
(c) In addition to the specific prohibitions set forth in subsections (a) and (b) hereof, no person shall unreasonably make, continue or cause to be made, continued or permitted, any noise disturbance.
(d) This section shall not apply to noncommercial, public speaking and public assembly activities conducted on any public space or right-of-way.
(e) Whoever violates any of the provisions of this section shall be guilty of a minor misdemeanor for each offense and shall be subject to a fine of up to a maximum of one hundred fifty dollars ($150.00). If the offender has previously been convicted of violating any provision of this section, then the offender shall be guilty of a misdemeanor of the fourth degree, and shall be subject to a sentence of up to thirty days in jail and a fine of up to two hundred fifty dollars ($250.00), or both. When the offense is continuous or repetitious in nature, then each day that the violation continues or is repeated shall be deemed a separate offense and shall be punished as a separate offense.
(f) As referred to in this section, "Noise" is defined as any sound which annoys or disturbs persons of normal sensibilities or which causes or tends to cause an adverse psychological or physiological effect on persons. "Noise Disturbance" is defined as any sound which endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities, or, endangers or injures personal or real property.
(g) The provisions of this section shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or for the performance of emergency work and for the purpose of organized school-related programs, activities or parades or other public programs, activities or events authorized by the city.
(Ord. 00-O-73, passed 12-4-2000; Am. Ord. 00-O-99, passed 12-18-2000)