(A) No person shall engage or participate in the making and creating of an excessive or unusually loud sound within the city heard and measured in the manner prescribed in § 134.001(C) of this chapter, and below, except when done under and in compliance with a permit issued pursuant to this chapter.
(B) It shall be the duty of persons in a position of ownership, possession or control of premises to prevent such premises from the site of activities producing sound levels in excess of what is permitted under this chapter. Failure or refusal to perform such duty shall constitute a violation of this section.
(C) It shall be the duty of persons in positions of leadership or responsibility with respect to unincorporated associations, groups, gatherings and assemblages of people to prevent such from causing or making sound levels in excess of what is permitted under this chapter. Failure or refusal to perform such duty shall constitute a violation of this section.
(D) For the purpose of determining and classifying any sound as excessive or unusually loud, the following test measurement and requirements are to be applied:
(1) The sound shall be measured at the edge of the city street or alley right-of-way reasonably appearing to be nearest to the source of the sound, or if in a park zoned area, approximately 50 feet from the source of the sound. When a complaint is received, a measurement may also be taken at a location on the property where the complaining party was disturbed.
(2) The sound shall be measured on a sound level meter of standard design and quality operated in the "A" slow response weighing scale.
(3) A sound measured or registered in excess of the maximum permitted levels according to the following table, is declared to be excessive and unusually loud and is unlawful:
Neighborhood Zoned Characteristics | Maximum Permitted |
Residential: | |
Between 7:00 a.m. to 10:00 p.m. | 60 |
Between 10:00 p.m. to 7:00 a.m. | 50 |
Commercial or agricultural | 65 |
Industrial | 80 |
Park | 65 |
(Ord. 14999, passed 7-13-2020)