§ 91.16 PROHIBITED ACTS.
   (A)   General--Noise disturbances prohibited. No person shall unreasonably make, continue, or cause to be made or continued, any noise disturbance. Non- commercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this division.
   (B)   Specific--Noise disturbances prohibited. The following acts, and the causing thereof, are declared to be in violation of this section:
      (1)   Electronic device; musical instruments. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound:
         (a)   Between the hours of 10:00 p.m. and 7:00 a.m. of the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone, except for activities open to the public and for which a special event exemption has been issued by the city according to the criteria set forth in § 91.17(B).
         (b)   In such a manner as to create a noise disturbance at 25 feet from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters;
         (c)   In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.
      (2)   Loudspeakers. Using or operating any loudspeaker, public address system, or similar device:
         (a)   For any noncommercial purpose between the hours of 10:00 p.m. and 7:00 a.m. of the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone;
         (b)   For any commercial purpose:
            1.   Such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone; or
            2.   Between the hours of 10:00 p.m. and 7:00 a.m. of the following day on a public right-of-way or public space.
      (3)   Yelling, shouting. Disturbing or raucous singing, yelling, shouting, hooting, or whistling on public streets or any place affecting other citizens at any time so as to annoy or disturb the quiet, comfort, or repose of neighboring residents or persons of normal sensitivity within the area for whatever reason is prohibited. The occurrence of such conduct between the hours of 10:00 p.m. and 7:00 a.m. shall be prima facie evidence of violation of this section.
      (4)   Animals; birds. Having control and possession of any animal or bird which frequently or for continued duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary or within a noise sensitive zone. (This provision shall not apply to public zoos and public paw parks).
      (5)   Construction for which a permit is required. Operating or permitting the operation of any mechanically powered tools or equipment used in construction, drilling, or demolition work for which a permit is required between the hours of 10:00 p.m. and 7:00 a.m. of the following day is prohibited. Sound levels created by construction, drilling, or demolition activities shall not cause a noise disturbance at or across a real property boundary, except for bona fide emergency work or by special exemption issued pursuant to this section;
      (6)   Schools, courts, churches, hospitals. The creation of any noise exceeding the noise level for the noise sensitive zones established by this section or by resolution of the City Commission, on any street adjacent to any school, institution of learning, church, or court while these are in use, or adjacent to any hospital or other convalescent area, which interferes with the working of the institution, or which disturbs or unduly annoys patients in the hospital. Residential districts shall be considered noise sensitive zones from Friday at 10:00 p.m. to Sunday at 10:00 p.m. Conspicuous signs shall be displayed in these streets indicating that the street is a noise sensitive zone.
      (7)   Vehicle and boat repairs. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.
      (8)   Places of public entertainment. Operating, playing, or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than the maximum permissible limit measured at the property line for commercially zoned areas.
      (9)   Explosives; firearms. Using or firing explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way (without first obtaining a special event exemption pursuant to this section.)
      (10)   Model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space or within a noise sensitive zone between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
      (11)   Motorboats. Operating or permitting the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to create a noise disturbance at 50 feet or the nearest shoreline, whichever distance is less.
(Ord. 1218, passed 11-2-06) Penalty, see § 91.99(E)