(a) No person shall make and no landowner or lawful occupant of land shall permit within any residentially zoned district, the making of noise which by reason of volume, pitch, frequency, intensity, duration or nature annoys or disturbs the comfort, peace or health of a person of ordinary sensibilities and not a resident of the property from which the noise emanates. Noise levels in excess of that normally perceptible in the area or in excess of ordinary street traffic noise levels are prescribed by this section except as hereinafter provided.
(b) The following acts, which constitute a non-exclusive list, are declared to be in violation of this section:
(1) Horns; signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any public street or public place; a creation by means of any such signaling, of unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable length of time. This shall not apply to the use of any such signaling device as a warning of danger.
(2) Radios; phonographs; etc. The use or operation of any radio, phonograph, television, tape recorder, loudspeaker, cassette or compact disc player or any other machine or device for the producing or reproducing of sound or amplifying sound with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or on the property in which such machine or device is operated and who are voluntary listeners thereto.
(3) Yelling; shouting. Yelling, shouting, hooting, whistling, or singing.
(4) Musical instruments. The use of any drum or other musical instrument or device with or without electric amplification.
(5) Internal combustion engines. The operation of any internal combustion engine, excluding power mowers, trimmers or chain saws or tillers.
(c) It shall be a prima facie violation of this section when the noise can be heard more than 100 feet from the property where it is created.
(d) Nothing in this section shall be deemed to prohibit incidental noise such as that as is made by construction repairs or maintenance of houses or yards.
(e) Whoever violates subsection (a) hereof shall be guilty of a minor misdemeanor and upon a second or subsequent violation within one year of the first, a misdemeanor of the fourth degree. In addition, Council may authorize the institution of a civil action to abate repeated violations of this section in accordance with law.
(Ord. 94-40. Passed 6-20-94.)