(A) General prohibition.
(1) No person shall make or cause to be made any noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes his or her enjoyment of property or affects his or her property’s value.
(2) This general prohibition is not limited by the specific prohibitions listed in division (B) below.
(B) Specific prohibitions.
(1) No person shall operate a device for the amplification of sound where the sound is emitted directly into the public streets, ways or parks, either for the purposes of advertising, personal fulfillment or attracting attention, so loudly that the sound emitted can be heard to the annoyance or discomfort of persons in passing or stopped vehicles, neighboring premises or such public streets, ways or parks.
(2) No person shall operate a radio, television set, musical instrument, tape, compact disc or phonograph record player, amplifier and similar device in such a manner as to be plainly audible beyond the sound source’s property boundaries or through walls common to two or more dwelling units within a building. This includes, but is not limited to, the operation of such devices from or within vehicles.
(3) No person shall operate a domestic power tool outdoors between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and 9:00 p.m. and 8:00 a.m. on weekends and holidays in such a manner that will disturb or annoy any reasonable person nearby.
(4) No person shall operate a tool or equipment used in construction, drilling or demolition between the hours of 9:00 p.m. and 7:00 a.m. on weekdays and 9:00 p.m. and 8:00 a.m. on weekends and holidays in such a manner that will disturb or annoy any reasonable person nearby.
(5) No person shall operate a horn or other audible signal device on any motor vehicle or motorcycle in such a manner that will disturb or annoy any reasonable person nearby; provided that, this provision shall not apply to an emergency vehicle operated by an ambulance service or governmental unit.
(6) No person shall participate in any party or gathering between the hours of 11:00 p.m. and 7:00 a.m. giving rise to noise that is plainly audible beyond the sound source’s property boundaries or through walls common to two or more dwelling units within a building.
(7) No person shall operate a motorcycle or motor vehicle in such a manner which causes excessive noise as a result of a defective or modified exhaust system or as a result of unnecessary acceleration, deceleration, engine revving or tire squealing.
(8) No person shall operate a sound amplification device in such a manner as to cause vibrations perceptible without the aid of instruments beyond the sound source’s property boundaries. This includes, but is not limited to, the operation of such devices from or within vehicles.
(9) No person shall yell, shout, hoot, whistle or sing in the public streets so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
(10) No person shall keep an animal which causes frequent or continued noise that disturbs the comfort or repose of persons in any dwelling, hotel or other type of residence.
(C) Exemptions and permits.
(1) The provisions set forth in divisions (A) and (B) above shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of work to prevent or alleviate physical or property damage threatened or caused by calamity or other exceptional circumstances.
(2) The Board of Public Works and Safety shall have the authority to issue permits for the following situations notwithstanding the foregoing prohibitions:
(a) Holidays, celebrations, concerts, parades or other special events, both public and private; and
(b) Persons who demonstrate that the foregoing prohibitions constitute an unreasonable hardship due to temporary circumstances.
(3) Permits may contain any conditions that are necessary to minimize the adverse impact of the activity including a time limit.
(4) Non-compliance with any condition of a permit shall terminate the permit and subject the person holding same to the provisions of this section.
(5) The Board of Public Works and Safety may issue guidelines defining the procedures to be followed in applying for a permit and the criteria to be considered in the issuance of a permit.
(Prior Code, § 130.27) (Ord. 21-1998, passed - -1998) Penalty, see § 130.999