(A) Superseding any additional verbiage and parts in this section, it shall be unlawful for any residential properties, the occupants and visitors of any residential property, or any other pedestrian that is adjacent or in the vicinity of residential properties to emit any unreasonably loud and raucous noise from the premises of the residence, including any area considered to be the curtilage of the residence, or if adjacent or in the vicinity of a residential property, which is plainly audible at a distance of 50 feet or less from any residential property between the hours of 8:00 p.m. and 7:00 a.m. Sunday through Thursday and 9:00 p.m. and 7:00 a.m. on Friday and Saturday.
(B) (1) It shall be unlawful for any residential property, the occupants and visitors of any residential property, or any other pedestrian to operate or to allow the operation of any sound amplification equipment, music or any other sound producing equipment indoors, out of doors, directed out of doors, or adjacent to or in the vicinity of a residential property other than during the times listed below and at or below the maximum decibel (db(A)) level allowed:
(a) 60 db(A) Sunday through Thursday between 7:00 a.m. and 8:00 p.m.;
(b) 50 db(A) Sunday through Thursday between 8:00 p.m. and 7:00 a.m. the following day;
(c) 60 db(A) Friday and Saturday between 7:00 a.m. and 9:00 p.m;
(d) 50 db(A) Friday and Saturday between 9:00 p.m. and 7:00 a.m. the following day.
(2) A resident, guest, visitor of a residence, or other pedestrian adjacent to or in the vicinity of an occupied residential property or a commercial or otherwise business establishment may be cited for violating this section if the authorized enforcing official determines that the sound being produced is unreasonably loud and disturbing to the quiet enjoyment and use of an adjacent or in the vicinity commercial or otherwise business establishment or residentially occupied property; Using a standard of what a reasonable person would believe, or the standard applied to plainly audible noise, or the measurement of decibel level above what is listed as acceptable, in addition to taking into consideration the day of week and time of day. Commercial or otherwise business establishments adjacent to or in the vicinity of an occupied residential property may also be considered to be in violation of this section per § 90.17(C).
(C) The decibel limits (db(A)) prescribed in this section shall be measured utilizing the A-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute. The measurement of noise by a sound level meter does not supersede the standards applied to what a reasonable person would believe or what is considered plainly audible noise in regards to noise disturbing to a residentially occupied property and is considered as an additional tool that may be utilized to show a violation has occurred.
(D) For measurement of decibel limits prescribed in this section, measurements shall be taken at or beyond the property line of the residential property of the party that initiated the complaint (complainant). For purposes of measurement, the back of the curb, the outside edges of driveways, fences, hedges, or other physical features commonly associated with property boundaries are presumed to be at a point which is at or beyond the property line.
(Ord. passed 6- -2016) Penalty, see § 90.99