509.10 DISTURBING THE PEACE.
   (a)   No person shall disturb the good order and quiet of the Municipality by clamors or noises in the night season, by intoxication, drunkenness, fighting, quarreling, wrangling, committing assault, assault and battery, using obscene or profane language in the streets and other public places to the annoyance of the citizens, or otherwise violating the public peace by indecent and disorderly conduct, or by lewd and lascivious behavior, or by threatening or inflicting violence or abuse to the person or property of others.
   (b)   No individual, association, partnership or corporation shall unreasonably make, continue or cause to be made or continued, or permit, any noise disturbance. For the purposes of this section “noise disturbance” means any sound which endangers or injures the safety or health of humans, or annoys or disturbs a reasonable person of normal sensitivities.
   (c)   Playing of radios, boom boxes, tape cassettes, disc players or any other sound devices is prohibited when:
      (1)   No person shall play any radio, music player such as a “boom box”, tape cassette, disc player or television, audio system or musical instrument or any other type of sound service upon any public road, street, highway, or private property in this Municipality in a manner or at a volume as to disturb the quiet, comfort or repose of other persons. An exception is made for organized events.
      (2)   No person shall play any radio, music player such as a “boom box”, tape cassette, disc player, television, audio system or musical instrument or any other type of sound device in a manner or 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 dwelling unit in which such device or instrument is played and who are voluntary listeners thereto.
      (3)   In addition the following penalties applies for:
         1st Offense:   A fine of up to one hundred dollars ($100.00)
         2nd Offense:   A fine of up to two hundred dollars ($200.00)
3rd Offense and Thereafter:   A fine of up to three hundred dollars ($300.00) and three days in jail.
      (4)   Upon conviction for a violation of this subsection, the sound device used during the commission of the offense shall be subject to seizure and payment of a judgment.
   (d)   Playing of radios, boom boxes, tape cassettes, disc players or any other sound devices prohibited, when:
      (1)   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 at a distance of fifty feet from said vehicle.
      (2)   The following penalties apply:
   1st Offense:   A fine of up to two hundred dollars ($200.00)
   2nd Offense:   A fine of up to four hundred dollars ($400.00)
3rd Offense and Thereafter:   A fine of up to six hundred dollars ($600.00).
      (3)   Upon conviction for a violation of this section, the sound device used during the commission of the offense, shall be subject to seizure and payment of a judgment.
         (Ord. 2731-96. Passed 11-6-96.)