(A) A person must not make, or assist in making, permit, or allow the making of a noise that is excessive, disturbing, unnecessary, unreasonable or unusually loud within the limits of the city. The factors that should be considered in determining whether a noise is excessive, disturbing, unnecessary, unreasonable or unusually loud for the purposes of this section include the following:
(1) The time of day or night when the noise occurs;
(2) The duration of the noise and whether the noise is recurrent, intermittent, or constant;
(3) The proximity of the noise to a sleeping facility or residential area;
(4) The land use, nature, and zoning of the area from which the noise emanates and the area where the noise is perceived;
(5) The number of people and their activities that are affected or are likely to be affected by the noise; and
(6) The sound peak pressure level of the noise, if known, in comparison the level of ambient noise.
(B) The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this subchapter, but this enumeration shall not be deemed to be exclusive, namely:
(1) The using, operating, or permitting to be played, used, or operated any radio, radio receiving set, stereo system, musical instrument, CD player, phonograph, or other machine or device for the reproduction of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants with a louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which the machine or device is operated and who are voluntary listeners thereto;
(2) The operation of a radio, radio receiving set, stereo system, musical instrument, CD player, phonograph, or other machine or device between 10:00 p.m. and 7:00 a.m. is prima facie evidence of a violation of this section if done in a manner to be plainly audible:
(a) At the real property boundary of the building, structure, residence, or other area in which it is located; or
(b) At a distance of 50 feet from any motor vehicle in which it is located.
(3) The use of any automobile, motorcycle, recreational vehicle, ATV vehicle, snowmobile, or other vehicle in the manner as to create loud and unnecessary grating, grinding, rattling, or other noise, including excessive muffler noise or continual sounding of a horn, siren, or other signaling device for period longer than 15 seconds, except in cases of imminent danger or emergency, or to use the vehicle off the street on private or public property in the manner as to cause long or continuous or unnecessary noise so as to annoy, disturb the quiet, comfort, or repose of persons in the vicinity;
(4) Any noise that is unreasonably disturbing to a reasonable person of ordinary sensitivity in any multi-family residential building audible beyond the boundaries of the area or premises owned, rented, leased, or used by the person;
(5) Participation in a party or gathering that creates noise that is unreasonably loud or disturbing to a reasonable person of ordinary sensitivity as determined at the property line or boundary of the building, structure, rental unit, yard, or other portion of the property where the party or gathering occurs. When a party or gathering creates unreasonably loud or disturbing noises, all persons except the owner, renter, lessee or other occupants must promptly leave the premises in an orderly manner, after being ordered by a police officer to do so; and
(6) It shall be unlawful for any truck to intentionally use dynamic brakes (Jake Brakes) within the City of Madison Lake, except in an emergency.
(Ord. 203, passed 8-16-1999; Am. Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99