509.08 DISTURBANCES IN PUBLIC PLACES.

   (a)   (1)   No keeper, owner, manager or any person in charge or control of a hotel, night club, restaurant, dance or amusement hall, tavern or other public place shall engage in or permit the playing of musical or other instruments, singing, loud motion pictures or the making of other noises in or about the premises in such manner as to disturb the peace and quiet of the neighboring inhabitants at any time with louder volume than is reasonably necessary for convenient hearing by the person or persons who are in the room or chamber in which such noise occurs or such machine or device is operated and who are voluntary listeners thereto.

      (2)   It shall be considered prima facie evidence of a violation of this section if the sound alleged exceeds 55 dba at any time between the hours of 11:00 p.m. and 7:00 a.m. or exceeds 70 dba at all other times. Such sound shall be measured with a sound level meter at a distance of 25 feet beyond a property line of the lot. The affidavit charging an offense under this section shall state the hour at which the offense is alleged to have occurred.

   (b)    Whoever violates this section is guilty of a minor misdemeanor.

(Ord. 11-165. Passed 10-18-11.)