Unlawful noises prohibited. It shall be unlawful for any person to make, cause to be made, continue or permit any excessive or unreasonably loud noise or any other raucous sound, considering the time, date, place and nature of such noise or sound, that annoys, disturbs, injures or endangers the comfort, health, peace or safety of a person of ordinary sensibilities, in the city. Said noises include, but are not limited to:
(A) Unlawful noise from premises. It shall be unlawful for any person to emit, cause to be emitted, or permit the emission of any continuous noise which leaves the premise on which it originates, crosses a property line, and enters onto any other premise as a sound which is plainly audible by another human being at a distance of 50 feet from the device producing the sound. For the purpose of this section, sound shall be measured at or within the property line (boundary) of the property receiving the noise or not less than 20 feet from the source of the sound when the sound is in the public right-of-way.
(B) Unlawful noises emanating from motor vehicles. No person operating or occupying a motor vehicle shall play, use, operate, or permit to be played, used, or operated, any radio, tape player, cassette player, compact disk player, DVD players, loud speaker, sound amplification system, or other device designed to generate, amplify and/or reproduce sound from within the motor vehicle in such a manner that the sound is plainly audible by another human being at a distance of 50 feet from the device producing the sound. "Plainly audible" means any sound which can be clearly heard, by unimpaired auditory senses based on a direct line of sight of 50 or more feet; however, words or phrases need not be discernible and said sound shall include bass reverberation.
(C) Unlawful modifications to motor vehicles and/or failure to maintain. It shall be unlawful for any person to modify, change, or fail to maintain the exhaust muffler, air intake muffler or any other sound-reducing device of a motor vehicle in such a manner that the noise emitted from the motor vehicle disturbs or is a nuisance to persons of reasonable sensibilities within the area of audibility.
(D) Other noise disturbances. It shall be unlawful for any person to make, continue or cause or allow to be made' or continue any noise disturbance including, but not limited to, the following:
(1) Horns, signaling devices and the like. The sounding of any horn or signaling device of any motor vehicle on any state or public place of the city continuously or intermittently, except as a danger or emergency warning.
(2) Radios, phonographs and the like. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such 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 from 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, phonographs, 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.
(3) Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets, at any time or place so as to annoy or disturb the quiet or comfort of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
(4) Fireworks, explosives and the like. The use of fireworks or other explosives so as to be unreasonably loud, raucous, jarring, disturbing or a nuisance to persons of reasonable sensitivities within the area of audibility.
(Ord. 2006-1414, passed 6-22-06)