(a) (1) No person shall generate or permit to be generated noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a live performance, radio, phonograph, television, tape player, compact disc player, or loudspeaker or any other sound amplifying device which is plainly audible at a distance of 150 feet or more from the source of the noise or loud sound.
(2) It is prima facie unlawful for a person to generate or permit to be generated sound by the above described devices or instruments in the following circumstances;
A. On all Class C Districts, adjoining or abutting Class A, Class A2, Class B, or Class HB Districts, between the hours of 10:00 p.m. and 8:00 a.m. of the following day, where the sound is plainly audible 150 feet or more from the source of the sound;
B. On all other property, not described in division (a)(2)A. between the hours of 11:00 p.m. and 8:00 a.m. of the following day in all zoning districts where the sound is plainly audible 150 feet or more from the source of the sound;
C. On a street, highway, or in the public right-of-way where the sound is plainly audible 150 feet from the device generating the sound. Persons in possession of a current parade permit are exempt from the provisions of this subsection.
(b) No person, being the owner, or person in possession of a premises, or person in control of the premises by reason of employment, agency or otherwise whether such ownership, possession, or control is exclusive or joint, shall permit a violation of this section.
(c) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device in the performance of law enforcement duties or any emergency vehicle equipped with any communication necessary in the performance of any emergency procedure. Furthermore, the provisions of this section do not apply to the noise made by a horn, siren, or other warning device required or permitted by State law.
(d) As used in this section, “plainly audible” means any sound produced by a live performance, radio, phonograph, television, tape player, compact disc player, loudspeaker, or any other mechanical or electronic sound making or sound amplifying device, or any instrument, that can be clearly heard by a person using his normal hearing faculties, at a distance of 150 feet or more from the source of the noise or loud sound.
(e) Any law enforcement officer or person who hears a sound that is plainly audible as defined herein shall be entitled to measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the officer's or person's ordinary auditory senses, so long as the officer's or person's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid;
(2) The officer or person must have a direct line of sight and hearing to the source that is producing the sound so that the officer or person can readily identify the offending person and the distance involved; and
(3) The officer or person need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of rhythmic bass reverberating type sound is sufficient to constitute plainly audible sound.
(f) Whoever violates this section is guilty of a minor misdemeanor for a first offense; for a second or subsequent violation, the person is guilty of a misdemeanor of the third degree. The penalty shall be as provided in Section 698.02.
(Ord. 2002-18. Passed 5-13-02; Ord. 2008-8. Passed 6-9-08.)