In addition to the specific prohibitions outlined in this chapter, no person shall unreasonably make, continue, or cause to be made, continued, or permitted, any noise disturbance as further provided in Section 648.09. This section shall not apply to noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way with a permit from the Director of Public Safety.
(a) No person shall play any radio, music player, such as a boom box, tape cassette, disc player or television, or an audio system or musical instrument, or any other type of sound device, upon any public road, street, highway or private property in the City in a manner or at a volume as to disturb the quiet, comfort or repose of other persons. An exception shall be made for organized events which have received a valid permit from the City, as set forth in Section 878.01 of these Codified Ordinances and any other applicable sections.
(b) No person shall play any radio, music player, such as a boom box, tape cassette, disc player or television, or an audio system or musical instrument, or any other type of sound device, in a manner or at a volume as to disturb the quiet, comfort or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the room in which such device or instrument is played and who are voluntary listeners thereto.
(c) No person shall play any radio, music player or an audio system in a motor vehicle at such volume as to disturb the quiet, comfort or repose of other persons or at a volume, which is plainly audible to persons other than the occupant or occupants of said vehicle.
(d) Whoever violates division (a) or (b) of this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the second degree for any subsequent offense, and the following penalties shall apply:
(1) First offense: A mandatory fine of one hundred dollars ($100.00);
(2) Second offense: A mandatory fine of two hundred dollars ($200.00); and
(3) Third offense and thereafter: A mandatory of fine of three hundred dollars ($300.00) and three days in jail.
Upon conviction for a violation of division (a) or (b) of this section, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.
(e) Whoever violates division (c) of this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the second degree for any subsequent offense, and the following penalties shall apply:
(1) First offense: A mandatory fine of two hundred dollars ($200.00);
(2) Second offense: A mandatory fine of four hundred dollars ($400.00); and
(3) Third offense and thereafter: A mandatory fine of six hundred dollars ($600.00).
Upon conviction for a violation of division (c) of this section, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.
(Ord. 2009-27. Passed 5-6-09.)