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It shall be unlawful for any person within any residential area of the city to repair, rebuild or test any motor vehicle (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day) in a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance.
(Prior Code, § 17-35) (Ord. 73-5, passed 6-11-1973) Penalty, see § 10.99
It shall be unlawful for any person to operate or sound, or cause to be operated or sounded (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day), a train horn or train whistle which creates a noise in excess of 89 dbA at any place or point 300 feet or more distant from the source of the sound.
(Prior Code, § 17-36) (Ord. 73-5, passed 6-11-1973) Penalty, see § 10.99
SOUND AMPLIFICATION EQUIPMENT
It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the city a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first filing a registration statement and obtaining approval thereof as set forth in this subchapter.
(Prior Code, § 17-43) (Ord. 73-5, passed 6-11-1973) Penalty, see § 10.99
Every user of sound amplifying equipment shall file a registration statement with the City Clerk- Treasurer five days prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information:
(A) The name, address and telephone number of both the owner and user of the sound amplifying equipment;
(B) The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced and the approximate distance for which sound will be audible from the sound amplifying equipment;
(C) The license and motor number if a sound truck is to be used;
(D) A general description of the sound amplifying equipment which is to be used; and
(E) Whether the sound amplifying equipment will be used for commercial or noncommercial purposes.
(Prior Code, § 17-44) (Ord. 73-5, passed 6-11-1973)
(A) The City Clerk-Treasurer shall return to the applicant an approved certified copy of the registration statement required by § 131.35 unless he or she finds that:
(1) The conditions of the motor vehicle movement are such that the use of the equipment would constitute a detriment to traffic safety;
(2) The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or
(3) The registration statement reveals that the applicant would not be able to comply with the provisions of this subchapter.
(B) In the event the registration statement is disapproved, the City Clerk-Treasurer shall endorse upon the statement his or her reasons for disapproval and return it forthwith to the applicant.
(Prior Code, § 17-45) (Ord. 73-5, passed 6-11-1973)
Prior to the issuance of the registration statement required by § 131.35, a fee in the amount of $25 per day, or any portion thereof, shall be paid to the city, if the loudspeaker or sound amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound amplifying equipment for noncommercial purposes.
(Prior Code, § 17-46) (Ord. 73-5, passed 6-11-1973)
The commercial and noncommercial use of sound amplifying equipment shall be subject to the following regulations.
(A) The only sounds permitted shall be either music or human speech, or both.
(B) The operation of sound amplifying equipment shall occur between the hours of 8:00 a.m. and 10:00 p.m. each day except on Sundays and legal holidays. No operation of sound amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound amplifying equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 10:00 p.m.
(C) No sound emanating from sound amplifying equipment shall exceed 15 dbA above the ambient sound level as measured at any property line.
(D) It shall be unlawful to operate any sound amplifying equipment within 200 feet of churches, schools, hospitals or city or county buildings.
(E) In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons or normal sensitiveness within the area of audibility.
(Prior Code, § 17-47) (Ord. 73-5, passed 6-11-1973) Penalty, see § 10.99