(a) No person shall make or permit to be made, upon any premises or upon any street, alley, sidewalk or public thoroughfare, any noise or sound at a level which is disturbing or annoying to persons of ordinary and normal sensitivity, including but not limited to the following specific prohibitions:
(1) The use or operation of radios, tape players, compact disc players, or other music or sound generating devices in or upon any motor vehicle shall not be at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from such device is plainly audible at a distance of twenty-five feet from said motor vehicle.
(2) The use or operation of radios, tape players, compact disc players, televisions or musical instruments upon any premises or upon any street, alley, sidewalk or public thoroughfare shall not be at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from such device is plainly audible at a distance of fifty feet from the property line of said premises or fifty feet from edge-line of said street, alley, sidewalk or public thoroughfare.
(3) Sound or noise from animals upon any premises or upon any street, alley, sidewalk or public thoroughfare shall not persist for a period of time in excess of five minutes at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from said animal is plainly audible at a distance of twenty-five feet from the property line of said premises or twenty-five feet from the edge-line of said street, alley, sidewalk or public thoroughfare.
(4) Yelling, screaming, shouting, hooting, hollering, whistling or singing upon any premises or upon any street, alley, sidewalk or public thoroughfare between the hours of 11:00 p.m. and 7:00 a.m., shall not be at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from said yelling, screaming, shouting, hooting, hollering, whistling or singing is plainly audible at a distance of twenty-five feet from the property line of said premises or twenty-five feet from the edge-line of said street, alley, sidewalk or public thoroughfare.
(5) Sound or noise from the erection, excavation, demolition, alteration or repair of any building or structure, between the hours of 9:00 p.m. and 7:00 a.m. shall not be at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from said erection, excavation, demolition, alteration or repair of any building or structure is plainly audible at a distance of twenty-five feet away.
(6) Sound or noise from any home, car or other alarm system shall not persist for a period of time in excess of ten minutes at a level which disturbs or annoys persons of ordinary and normal sensitivities. It shall be prima facie evidence of a violation of this section if the sound or noise from any said alarm system is plainly audible at a distance of fifty feet from the alarm system.
(b) This section shall not apply in the following situations:
(1) To any public celebration, parade, event or activity authorized or permitted by the Mayor; or
(2) To any sporting event or activity conducted under the direction and supervision of any public or private school; or
(3) To any musical performance performed at an outdoor venue including a patio, so long as the owner or operator of the venue has received a permit issued by the Mayor, and so long as the musical performance ends before 10:00 p.m. on all days except for Fridays and Saturdays when it shall end before 12:00 midnight; or
(4) To any governmental agency engaged in the performance of necessary governmental functions.
(c) Whoever violates this section is guilty of a minor misdemeanor.
(d) The Mayor is hereby authorized to create an application form and a permit which he may issue as provided for in subsection (b) above. Permits shall be issued if the Mayor is satisfied that the applicant has made or is willing to make reasonable efforts to attempt to limit the noise or sound to a reasonable level considering the particular circumstances involved. The Mayor may refuse to issue a permit if in his opinion the applicant is not willing to make reasonable efforts to limit the sound or noise to a reasonable level considering the circumstances involved, or if the applicant has previously refused to cooperate with the City or has a history of violating this section. The Mayor may also revoke any permit issued if he becomes aware of information that would have justified his refusal to grant the permit initially, if the permit holder fails to follow the time restrictions set forth in subsection (b), or if the permit holder refuses to take any additional reasonable steps necessary to alleviate any complaints which have arisen since the granting of the permit. (Ord. 05-4. Passed 3-7-05.)