(a) For purposes of this section the following terms shall be defined as follows:
(1) “Nuisance” means that which annoys or disrupts.
(2) “Noise” means any audible sound created by human or animal, and includes sound created by machinery and tools, and sound reproduced by electronic or mechanical means.
(3) “Nuisance created by noise” means that noise that is above normal in intensity, frequency or duration to citizens in a residential neighborhood, and their normal day-to-day activities, regardless of the hour of the occurrence.
(4) “Sound amplification system” includes any radio, tape player, compact disc player, digital media player, loud speaker or other electronic device used for the amplification of the human voice, music or any other noise or sound.
(5) “Plainly audible” means any sound that can be clearly heard outside the vehicle by a person using his normal hearing faculties, at a distance of fifty feet or more from the motor vehicle.
(b) No person shall operate, cause to be operated or permit to be operated any radio, television, phonograph, tape player, loud speaker, musical instrument, machinery, siren, car alarm, whistle, bell, sound amplification device or other equipment in such a manner and of such intensity and duration as to create unreasonable noise or loud sound and which causes inconvenience and annoyance to persons of ordinary sensibilities.
(c) No person operating or in control of a motor vehicle that is stopped, standing or moving within the City shall operate, or permit the operation of, any sound amplification system from within the motor vehicle so that the sound is plainly audible at a distance of fifty feet or more from the motor vehicle.
(d) In determining whether a noise is of such a character as to unreasonably disturb the peace and quiet of the community, the following factors shall be considered:
(1) Complaints of neighbors or other persons in the proximity.
(2) The location and time of day when the noise is produced.
(3) The type, intensity and duration of the noise produced.
(e) This section shall be equally binding in commercial activities of businesses and factories, exempting those noises caused and normal in day-to-day commercial activities, and limited to those noises under the control of the establishment, and shall exempt City, and governmental activities.
(f) It shall be presumed to be a violation of this section if notice to cease and desist producing a noise has been given to any person and that person continues to make, cause or permit a noise of similar intensity and duration, provided, however, that no warning shall be required if a person of ordinary sensibilities knew or should have known that the noise created would cause unwarranted annoyance to persons of ordinary sensibilities.
(1) For the purpose of this section, a “request to desist” means actual notice of the disturbance by any person to the offender or to an employee or representative of the offender. Once such a request to desist is made, it shall continue to be effective for the purposes of this section beyond the immediate time period in which it is given, and is effective even if the noise disturbs persons other than the person who makes the request to desist.
(2) A request to desist is not a prerequisite for finding that a violation of any provision of this section has occurred.
(g) The following shall be exempt from noise level regulations:
(1) Noises of safety signals, warning devices and emergency pressure relief valves.
(2) Emergency vehicles when responding to or acting in time of emergency.
(3) Any other noise resulting from activities of a temporary duration, permitted by law and for which a license or permit therefor has been granted by the City, including but not limited to noises resulting from the normal or permitted uses of churches, schools, athletic fields, parks and auditoriums.
(4) A vehicle being used in a parade, as specified in Section 311.02
, where the person or organization conducting the parade had obtained a parade permit from the Director of Public Safety-Service.
(h) Any law enforcement personnel who hears a sound that is plainly audible, as defined herein, shall be entitled to measure the sound according to the following standard:
(1) The primary means of detection shall be by means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by any mechanical devices, such as a microphone or hearing aid.
(2) The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
(j) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 15-2012. Passed 9-4-12.)