(A) With the exception of those activities listed under §§ 97.40 and 97.50 as provided for in this chapter, the following acts are declared to be noise disturbances and in violation of this chapter, and no sound level measurement is needed to verify the existence of the following noise disturbances:
(1) The sounding of any horn or signaling device, except as a danger warning; the sounding of any signaling device for any unnecessary or unreasonable period of time; and the unreasonable use of any signaling device in such a manner as to disturb the peace, health and comfort of a reasonable person of ordinary sensibilities.
(2) The using, operating or permitting to be played, used or operated, of any radio, television, tape or record player, amplifier, musical instrument or other machine or device used for production, reproduction or emission of sound in a manner which either annoys, disturbs, injures or endangers the peace, health or comfort of a reasonable person of ordinary sensibilities, or at any time with greater sound intensity than necessary for convenient hearing for the person or persons who are in the room, vehicle or area in which such device is operated.
(3) The using, operating or permitting to be used or operated, of any loud speaker or public address system in such a manner which either annoys, disturbs, injures or endangers the peace, health or comfort of a reasonable person of ordinary sensibilities, or at any time with greater sound intensity than necessary for convenient hearing for the person or persons who are in the room, vehicle or area in which such device is operated.
(4) The repairing, rebuilding, modifying or testing of any motor vehicle, off-road vehicle, racing vehicle or motor boat in or near a residential area in such a manner which either annoys, disturbs, injures or endangers the peace, health or comfort of a reasonable person of ordinary sensibilities.
(B) Alleged noise disturbance violations shall be investigated on a “complaint only” basis and where the person or persons making the complaint signs a sworn affidavit stating the details of the complaint and how the sound in question violates the provisions of this section; otherwise, no such complaint shall be investigated.
(C) The provisions contained in this section shall not relieve the activity or use of property from adhering to all other applicable provisions of this chapter.
(Ord. 94-32, passed 4-5-94) Penalty, see § 10.99