(A) Offensive or noxious odors. No person shall use or occupy any premises in such a manner as to cause the emission of noxious or offensive odors, dusts, smoke or other matters into the atmosphere so as to render ordinary use or physical occupation of other property in the vicinity uncomfortable or unhealthy or impossible.
(B) Obnoxious noises.
(1) Any noise noxious enough to destroy the enjoyment of residents or other uses of property in the vicinity interfering with the ordinary comforts of human existence, including, but not limited to:
(a) Radios, boom boxes and the like. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument or other machine or device for producing of sound or reproducing of sound in such a manner as to disturb the peace and quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, chamber or area in which such machine or device is operated and who are voluntary listeners thereto; the operation of any such set, instrument, machine or device between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle or area in which it is located shall be prima facie evidence of a violation of this section; and
(b) Yelling, shouting and the like. Noise on the street made by persons or groups of persons yelling, shouting, singing, hooting, whistling or making other vocal noises on public streets or at any time or place so as to annoy or disturb the quiet comfort or repose of any persons in any medical facility, dwelling, hotel or any other type of residence or of any persons in the vicinity.
(2) A person who recklessly, knowingly or intentionally makes unreasonable noise and continues to do so after being asked to stop, commits disorderly conduct which is a Class B misdemeanor and is subject to prosecution as provided by state law.
(BC Ord. 2009-07, passed 9-9-2009) Penalty, see § 90.99