(A) The following acts, among others, are declared to be loud, disturbing, injurious, unnecessary and unlawful sounds or noises in violation of this subchapter, and are hereby declared a nuisance, which acts shall not be deemed to be exclusive, namely:
(1) Audio appliances.
(a) Using, operating, or permitting to be played, used or operated, any radio receiving set, musical instrument, stereo, television, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any louder volume than is necessary for convenient hearing for the person who is in the room, vehicle, or chamber in which such machine or device is operated, and who is a voluntary listener. The operation of any such set, instrument, stereo, television, machine, or device, in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section. The operation of any such set, instrument, stereo, television, machine, or device, in such a manner as to be plainly audible on a property or in a dwelling unit other than that in which it is located, shall also be prima facie evidence of a violation of this section.
(b) Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, stereo, television, loudspeaker, sound amplifier, or other machine or device for the producing of sound which is cast upon the public street for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
(2) Vocalizing. Yelling, hooting, whistling, or singing on the public streets, or at any time or place, so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, hotel, or other type of residence or of any person in the vicinity.
(3) Mechanical devices. Operating or permitting the use or operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawnmower, or similar device used outdoors between the hours of 9:00 p.m. and 7:00 a.m. in such a manner that will disturb or annoy any reasonable person nearby.
(4) Animals. The keeping of any animal, which by causing frequent or long continued noise, shall disturb the comfort or repose of any person.
(5) Engine exhaust. The discharge into the open air of the exhaust of any engine, internal combustion or otherwise, except through a muffler or other device which effectively prevents loud or explosive noises therefrom.
(6) Signaling devices. The blowing of any horns, whistles, or sirens except to give notice of the time to begin or stop work or as a warning of fire or danger.
(B) For each violation of this section, a warning may be given.
(Ord. 2002-07, passed 8-5-02; Am. Ord. 2009-13, passed 5-18-09
) Penalty, see § 94.99