(a) Disturbing the Peace. No person shall make or continue, or cause to be made or continued, any loud, unnecessary or unreasonable noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of ordinary sensitivities in the area of the noise. In determining whether a noise is of such a character as to unreasonably disturbs the peace and quiet of the neighborhood, a court shall consider the following factors:
(1) Complaints of neighbors regarding the noise.
(2) Time of day at which the noise takes place.
(3) The intensity and duration of the noise.
(4) The type of noise produced.
(5) The alternative means audible without excessive noise.
(b) Sound Amplifying Devices on Private Property. No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, loud speaker or any other sound amplifying device or by any horn, drum, piano or other musical or percussion instrument. It is prima facie unlawful for a person to generate or permit to be generated sound by the above described devices or instruments in the following circumstances:
(1) On private property where the sound is plainly audible more than fifty feet from the property line of the property on which the source of the sound is located.
(c) Sound Amplifying Devices in a Motor Vehicle. No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, loud speaker or any other sound amplifying device or by any horn, drum, piano or other musical or percussion instrument on an street, highway or in the public right of way when the sound is plainly audible fifty feet from the devises generating the sound.
(d) Definitions. “Plainly audible” means any sound produced by a radio, tape player, or other mechanical or electronic sound making devices, or instrument, from within the interior or exterior of a motor vehicle or on property, including sound produced by a portable sound making device, that can be clearly heard by a person using his/her normal hearing faculties, at a distance of fifty feet or more from the motor vehicle or property.
(e) Measurement. Any law enforcement personnel who hears a sound that is plainly audible, as defined herein, shall be entitled to measure the sound according to the following standards:
(1) The primary means of detection shall be by means of 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 aide.
(2) The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he can readily identify the offending motor vehicle if involving a motor vehicle.
(3) 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 a plainly audible sound.
(f) Permitting Violations. No person, being the owner, or person in possession of a premises or person in control of the premises by reason of employment, agency, or otherwise whether such ownership, possession or control is exclusive or joint, shall permit a violation of this section.
(g) Exemptions. The following uses and activities shall be exempt from this section.
(1) Noises of safety signals, warning devices, and emergency pressure relief valves;
(2) Emergency vehicles;
(3) Emergency work;
(4) Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the City;
(5) Any aircraft operated in conformity with, or pursuant to, Federal law, Federal air regulations, and air traffic control instruction;
(6) Noises resulting from the normal use of churches, schools, athletic fields, fairgrounds, parks and auditoriums; and
(7) City projects and work;
(8) Vehicles used in a parade, as specified in Section 311.02, and the person or organization conducting the parade has obtained a permit from the appropriate City agency;
(9) Authorized public activities - authorized public events means one time or annual special indoor/outdoor events conducted pursuant to and in accordance with a City issued permit or authorization, including, but not limited to Lancaster Festival events, Friday Night Bandstand, Fairfield County Fair events;
(10) Industrial noises.
(h) Penalty. Whoever violates this section shall be guilty of a minor misdemeanor. A second offense shall be an unclassified misdemeanor punishable with up to a two hundred fifty dollars ($250.00) fine.
(Ord. 47-99. Passed 9-13-99.)
(Ord. 47-99. Passed 9-13-99.)