(A) Generally. It shall be unlawful for any person within the city to make, continue, or cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs, injures, or endangers the comfort, repose, convenience, health, peace or safety of others within the limits of the city.
(B) Definition. The definition of LOUD, DISTURBING, and UNNECESSARY NOISES in violation of this section shall include but not be limited to:
(1) Sounding of any vehicle horn or signaling device except when otherwise authorized by law for safety reasons; and
(2) Playing, using, operating, or permitting to be played any musical instrument, stereo, CD player, radio, or other machine or device for the producing or reproducing of sound in such a manner as to being plainly audible at a distance of 150 feet from the location of such device, machine, or instrument.
(C) Exception. Nothing in this section shall be construed to prohibit the playing, using, operating or permitting to be played a musical instrument, stereo, CD player, radio or other machine or device for the producing or reproducing of sound for any outdoor concert or outdoor festival permitted or sponsored by the city.
(D) Penalty. The penalty for violation of this section shall be a fine of not less than $75 and not more than $750 dollars per violation. A third or subsequent violation of this section shall also be deemed a public nuisance and shall entitle the city to injunctive relief to prevent further violations of such rules and regulations. In any civil action brought by the city seeking injunctive relief to prevent further violation of this section in which action the city prevails, the city shall be entitled to recover judgment against the violator for its reasonable attorney fees and court costs.
(Ord. 2012-01, passed 1-23-2012)