(a) No person shall generate or permit to be generated unreasonable noise or loud sound that is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, loudspeaker, CD player, digital tape or disc or any other sound amplifying device or by any horn, drum, piano, or musical or percussion instrument.
(1) 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:
A. On private property in a residentially zoned area, regardless of existing nonconforming use or variance, where the sound is audible more than 80 feet from the property line of the property on which the source of the sound is located;
B. On a street, highway, or in the public right-of-way where sound is audible 100 feet from the device generating the sound.
(b) 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.
(c) The following uses and activities shall be exempt from the noise level regulations:
(1) Noises of warning and alarm devices, safety signals and emergency pressure relief valves;
(2) Noises resulting from any authorized emergency vehicles, when responding to an emergency call or acting in time of emergency;
(3) Noises resulting from any work made necessary to restore property to a safe condition or work required to protect persons or property from an imminent exposure to danger;
(4) Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the City;
(5) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulation, and air traffic control instruction;
(6) Noise resulting from the normal use of churches, schools, athletic fields, auditoriums and Nisbet Park, except that no electrical sound amplifying devices shall be used on the athletic fields between the hours of 8:30 p.m. and 9:00 a.m. unless a Special Event Permit is granted by the City Manager of the City;
(7) Building mechanical equipment regulated by the Building and Zoning Codes.
(d) Whoever violates this section is guilty of generating unreasonable noises, a minor misdemeanor. If the offender persists in generating or permitting to be generated unreasonable noise after reasonable warning or request to desist, generating unreasonable noise is a misdemeanor of the fourth degree; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the third degree.
(Ord. 1998-48. Passed 9-8-98; Ord. 2003-74. Passed 10-14-03.)