509.09 PLAYING OF RADIOS AND OTHER SOUND DEVICES RESTRICTED.
(a) No person shall generate or permit to be generated unreasonable noise or loud sound which causes inconvenience or annoyance to persons of ordinary sensibilities, by means of a radio, "boom box", phonograph, disc player, audio system, television, video or audio tape player, public address system, bullhorn, loudspeaker or any other device designed and/or used for the purpose of producing or amplifying sound, or by any horn, siren or other musical/percussion instrument or loud singing/talking or other noise on or about the premises.
(b) It is and shall be prima facie evidence of a violation of this section for any person to generate/permit unreasonable noise by any of the devices/instruments described above, under any of the following circumstances:
(1) On private property between the hours of 9:00 p.m. and 8:00 a.m. of the following day in a predominantly residential area, or from property within a residential district established pursuant to Chapter 1167, regardless of the existing nonconforming use or variance, when the sound is audible fifty feet from the property line of the property on which the source of the sound is generated.
(2) On a street, highway or alley, within the public right of way, or in the parks or on other public property of the City where the sound is audible more than 100 feet from the source of the sound. Persons in possession of a current parade permit or a lawful assembly or demonstration are exempt from the provisions of this subparagraph.
(c) No person, being the owner, or person in possession or control of any building or premises by reason of employment, agency or other relationship or status, whether such ownership, possession or control is exclusive, joint or several, shall permit a violation of this section.
(d) Whoever violates this section is guilty of generating/permitting unreasonable noise, the first offense of which is a minor misdemeanor, except that if the offender persists in generating/permitting unreasonable noise after a reasonable warning or request to desist, generating/permitting unreasonable noise is a misdemeanor of the fourth degree. Each and every subsequent violation of this section is a misdemeanor of the fourth degree.
(Ord. 02-104. Passed 6-4-02.)