The following acts, including, but not limited to these, are declared to be per se violations of this chapter:
(A) Unreasonable noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unreasonably loud and raucous noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from the foregoing provisions;
(B) Commercial establishments adjacent to residential property. Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of, or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m., which is plainly audible at a distance of five feet from any residential property;
(C) Sound production devices. The use or operation of a radio, television, boom box, stereo, musical instrument or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player or operator of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet and comfort of neighbors, or is plainly audible at a distance of 50 feet from any person in a commercial, industrial area or public space, or which unreasonably disturbs the peace, quiet and comfort of neighbors in residential or noise sensitive areas, including multi-family or single-family dwellings;
(D) Loudspeakers, amplifiers, public address systems and similar devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system or other device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas:
(1) Within or adjacent to residential or noise-sensitive areas; and
(2) Within public space if the sound is plainly audible across the property line of the public space from which the sound emanates, and is unreasonably loud and raucous. (This shall not apply to any public performance, gathering or parade for which a permit or permission has been obtained from the city.)
(E) Construction or repair of buildings, excavation of streets and highways. The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of 7:00 a.m. and 8:00 p.m. weekdays and 10:00 a.m. and 8:00 p.m. weekends. (In case of emergency construction or repair, noises are exempt from the provisions hereof. In cases of non-emergency construction or repair, the Mayor may issue permission to continue construction if he or she determines that loss or inconvenience would result to a party in interest.); and/or
(F) Noise sensitive areas; schools, courts, churches, hospitals and similar institutions. The creation of any unreasonably loud and raucous noise adjacent to any noise sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions; provided that, conspicuous signs delineating the boundaries of the noise sensitive area are displayed on the property boundaries toward the streets surrounding the noise sensitive areas.
(2004 Code, § 6-705) (Ord. 2003-8, passed 8-18-2003) Penalty, see § 132.99