A. Nuisance Noise. A person commits the offense of nuisance noise when he or she knowingly makes any noise in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace.
B. Determination. Factors to consider in determining whether a sound is a prolonged, harsh, unusual, raucous, or a nuisance noise include, but are not limited to:
1. the proximity of the sound to residential or commercial sleeping facilities;
2. the land use, nature, or zoning of the area from which the sound emanates;
3. the nature of the area where the sound is received or heard;
4. the time of day and the duration of the sound; and,
5. whether the sound is recurrent, intermittent, or constant.
In determining whether a sound is a prohibited nuisance noise, the use of a decibel meter or other measuring device is not required.
C. Exclusions. This ordinance shall not apply to:
1. Any sound generated during or by any authorized public program, event, operation, or activity undertaken by or on behalf of any public agency; or,
2. Any sound generated during or by any operation or activity for an agricultural purpose.
(Ord. O-201810-10-043, passed 10-16-2018)