It is unlawful and a violation of this section 5-1-3 for any person to cause, suffer, allow, or permit any of the following acts:
A. Construction Work: Construction work shall be prohibited between the hours of nine o'clock (9:00) P.M. to five o'clock (5:00) A.M. from May 1 through September 30, and between the hours of nine o'clock (9:00) P.M. to six o'clock (6:00) A.M. from October 1 through April 30, except for emergency work or by permit for temporary variance pursuant to section 5-1-3-10 of this chapter;
B. Loud Sound Amplification Devices:
1. Upon or within any public property or public right of way, no person shall play, use or operate, or permit to be played, used, or operated, any sound amplification device, so that the sound is plainly audible to any person, at a distance proscribed by the provisions of subsection 5-1-3-7B of this chapter. The proscribed distance shall be measured from the noise source.
2. It is an affirmative defense to charge under this section 5-1-3 that the operator was not otherwise prohibited by law from operating the sound amplification device, and that any of the following apply:
a. The sound amplification device was being operated to request medical or emergency assistance or to warn of a hazardous road condition;
b. The sound amplification device was being operated to provide emergency information or to warn of an emergency condition;
c. The sound amplification device was authorized or permitted by the city to be used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons;
d. The loud sound amplification device was used in authorized or permitted public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the city.
C. Compression Release Engine Braking Prohibited:
1. Prohibited: Operating any motor vehicle with a compression release engine braking device engaged except for the aversion of imminent danger shall be prohibited.
2. Public Emergency Response Vehicles Exception: Any public emergency response vehicle equipped with a compression release engine braking device will be allowed to use such device during a response to an emergency situation. (Ord. 469, 2-12-2013, eff. 3-8-2013)