(a) Definitions. As used in this section:
(1) “Modified exhaust system” means an exhaust system in which the original noise abatement devices have been physically altered causing them to be less effective in reducing noise, or in which the original noise abatement devices have either been removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices, or in which devices have been added to the original noise abatement devices such that noise levels are increased.
(2) “Person” means any individual, association, partnership or corporation, and includes any officer, employee, department agency or instrumentality.
(3) “Traffic noise” means sound made by a motor vehicle operated either on a public right of way or on private property.
(b) Violations. No person shall:
(1) Operate a motor vehicle which causes excessive noise levels, as a result of a defective or modified exhaust system, or as a result of an unnecessary rapid acceleration, deceleration, revving or tire squealing; or
(2) Operate a motor vehicle on a street or highway if the sound from any sound- amplifying equipment located inside of, outside of but attached to, or held by a person inside, the motor vehicle, is discernible at a distance of 25 feet or more from the vehicle. This division (b)(2) does not apply in any of the following circumstances:
A. The sound-amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle operating or traffic safety condition.
B. The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run.
C. The motor vehicle is owned an operated by the State, a political subdivision or a public utility.
D. The motor vehicle is participating in a parade for which the sponsors of the parade have obtained the proper permits.
E. The sound-amplifying equipment of the motor vehicle is being operated as a requirement of Federal or State law.
F. The person is vending ice cream and related products between the hours of 9:00 a.m. and 8:00 p.m.
(3) Sound any horn or signaling device on any automobile, motorcycle, trolley coach or other vehicle on any street or public place of the City, except as a danger warning; or create, by means of any such signaling device, any unreasonably loud or harsh sound; or cause any such device to be sounded for an unnecessary and unreasonable period of time; or use any signaling device except one operated by hand or electricity; or use any horn, whistle or other device operated by engine exhaust; or use any such signaling device when traffic is for any reason held up.
(4) Play, use or operate, or permit to be played, used or operated, any radio receiving set, musical instrument, phonograph or other machine or device for producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is
necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device is such a manner as to be plainly audible at a distance of 25 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this division.
(5) Play, use or operate, or permit to be played, used or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, except as provided in division (b)(2) of this section.
(6) Use any automobile, motorcycle or vehicle so out of repair, so loaded, or in such a manner, as to create loud and unnecessary grating, grinding, rattling or other noise.
(7) Operate any noise-creating blower or power fan or an internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
(8) Operate between the hours of 10:00 p.m. and 7:00 a.m. of the following day any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, other appliance or chain saw, the use of which is attended by loud and unusual noise.
(c) Declaration of Nuisance. A violation of any of the provisions of this section is hereby declared to be a nuisance.
(d) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for a first offense. For a second offense committed within one year of the first offense, such person is guilty of a misdemeanor of the fourth degree. For a third or subsequent offense committed within one year of the first offense, such person is guilty of a misdemeanor of the third degree.
(Ord. 4896. Passed 6-20-95.)