No person, other than law enforcement personnel, governmental agency personnel, utility service personnel or duly authorized permittees, shall use or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assemblage of persons in or upon any public street, alley, sidewalk, park or place, or other public property, except when installed, used or operated in compliance with the following:
(a) In residential zones and within 500 feet thereof:
(1) No fixed or movable sound amplifying equipment shall be installed, operated or used for commercial purposes at any time except as provided by ordinance.
(2) The operation or use of sound amplifying equipment for noncommercial purposes, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church, is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
(b) In all other zones, except such portions thereof as may be included within 500 feet of any residential zone:
(1) The operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of 9:00 a.m. and 8:00 p.m. of the following day.
(2) The operation or use of sound amplifying equipment for noncommercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.
(c) The only sounds permitted shall be either music, human speech or both.
(d) Sound emanating from sound amplifying equipment shall be limited in volume, tone and intensity so that the sound is not audible at a distance in excess of 200 feet from the sound equipment.
(e) Except as provided in division (b) of this section, no sound amplifying equipment shall be operated upon any property adjacent to and within 200 feet of any hospital grounds or any school or church building while in use.
(f) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 698.02.
(Ord. 83-54. Passed 10-13-83.)