(A) No person shall engage or participate in the making and creating of an excessive or unusually loud sound within the city heard and measured in the manner prescribed below, except when done under and in compliance with a permit issued pursuant to this chapter.
(B) It shall be the duty of persons in a position of ownership, possession or control of premises to prevent such premises from being the site of activities producing sound levels in excess of what is permitted under this chapter. Failure or refusal to perform such duty shall constitute a violation of this section.
(C) It shall be the duty of persons in positions of leadership or responsibility with respect to unincorporated associations, groups, gatherings and assemblages of people to prevent such from causing or making sound levels in excess of what is permitted under this chapter. Failure or refusal to perform such duty shall constitute a violation of this section.
(D) For the purpose of determining and classifying any sound as excessive or unusually loud, the following test measurements and requirements are to be applied.
(1) The sound shall be measured at the edge of the city street or alley right-of-way reasonably appearing to be to the source of the sound. When a complaint is received, a measurement may also be taken at the location on the property where the complaining party was disturbed.
(2) The sound shall be measured on a sound level meter of standard design and quality operated in an A or C weighting scale.
(3) A sound measured or registered in excess of the maximum permitted levels according to the following table, is declared to be excessive and unusually loud and is unlawful.
Neighborhood Characteristic | Maximum Permitted |
Commercial | 65 |
Industrial | 80 |
Park or agriculture | 65 |
Residential (between 7:00 a.m. to midnight) | 60 |
Residential (between midnight to 7:00 a.m.) | 55 |
(2011 Code, § 13.0404) (Ord. 2028, passed 7-8-2002) Penalty, see § 93.99