(A) It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others, within the limits of the municipality.
(B) The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the municipality, except as a danger warning; the creation by means of any such signaling device of any unreasonable loud or harsh sound; the sounding of such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
(2) Loudspeakers, amplifiers for advertising. Using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, compact disc player, loudspeaker, bells, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast on the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
(3) Yelling, shouting. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 12:00 midnight and 7:00 a.m. 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 persons in the vicinity.
(4) Exhausts. The discharge into the open air of the exhaust of any motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(5) Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, screeching of tires or wheels, grinding, rattling, or other noises.
(C) It shall be an affirmative defense to division (B)(2) above if the individual or organization has obtained a permit from the Mayor for use of loudspeakers or amplifiers for the purpose of advertisement.
(D) Whoever violates this section is guilty of disorderly conduct, a minor misdemeanor. If the offender persists in disorderly conduct after reasonable warning or request to desist, disorderly conduct is a misdemeanor of the fourth degree.
('80 Code, § 132.10) (Ord. 550, passed 5-21-63; Am. Ord. 839, passed 6-7-77) Penalty, see § 130.99