(a) Loud Noises Generally.
(1) No person, firm or corporation shall operate or cause to be operated any whistle, rattle, bell, gong, clapper, hammer, drum, horn, radio, phonograph or other sound producing or sound amplifying instrument so as to emit loud and raucous noises or in any other way create noise or sound in such a manner as to disturb the peace and quiet of a neighborhood or as to interfere with the transaction of business or other ordinary pursuits.
Nothing herein shall be construed to affect the reasonable giving of information for religious, educational, cultural or political purposes or the usual and reasonable operation of railways, airplanes and motor vehicles or to prohibit the reasonable use of automobile warning devices, the reasonable ringing of church bells, the reasonable and ordinary noises attendant on athletic contests or lawful public or semipublic meetings, parades or celebrations or the right of free speech guaranteed to the citizens of the United States.
(2) Whoever violates this subsection (a) is guilty of making loud noises, a minor misdemeanor.
(b) Loud Musical Noises.
(1) No person, association, firm or corporation operating a restaurant, hotel, public place or other place of refreshment or entertainment shall permit, nor shall any person in or about such restaurant, hotel, summer garden or other place of refreshment, or entertainment engage in, the playing or rendition of music of any kind, singing, loud talking, amplification of sound, or other noises on or about the premises, in such manner as to disturb the peace and quiet of the neighborhood, having due regard for the proximity of places of residence, hospitals or other residential institutions and to any other conditions affected by such noises.
It shall be prima facie unlawful for any person, association, firm or corporation operating a restaurant, hotel, summer garden or other place of refreshment or entertainment to permit, or for any person in or about such restaurant, hotel, summer garden, or other place of refreshment or entertainment to engage in, the playing or rendition of music of any kind, singing, loud talking, amplification of sound, or other noises on or about the premises during the night season after 11:00 p.m.
In every charge of violation of this section the affidavit shall state the hour at which the offense is alleged to have occurred.
(2) Whoever violates this subsection (b) is guilty of making loud musical noises, a minor misdemeanor.
(c) Loud or Excessive Sound from a Motor Vehicle.
(1) No person, firm or corporation being the owner or person in possession of a motor vehicle with any radio, compact disc player, DVD player, tape player, loud speaker or any other instrument, machine or device shall cause or permit any noise to emanate from the motor vehicle in such a manner and to be of such intensity and duration to create unreasonable noise or loud sound which causes inconvenience and annoyance to persons of ordinary sensibilities.
(2) It shall be prima facie unlawful for a person, firm or corporation being the owner or person in possession of a motor vehicle with a device described in subsection (c)(1) hereof to cause or permit any noise emanating from a motor vehicle which is plainly audible at distance of 75 feet from the motor vehicle. The lawful use of a motor vehicle horn shall not be a violation of this section.
(3) This subsection shall not apply to any of the following circumstances:
A. The sound amplifying equipment of the motor vehicle is being operated to request medical or vehicular assistance or to warn others of a hazardous road, vehicle, or traffic safety condition;
B. The motor vehicle is an emergency vehicle or public safety vehicle and is on an emergency run;
C. The motor vehicle is owned and operated by the State or a political subdivision, or a public utility.
D. The motor vehicle is participating in a parade or other activity for which the sponsors have obtained the necessary permit or authorization; or
E. The sound amplifying equipment of the motor vehicle is being operated as a requirement of federal, State or local law.
(4) Whoever violates this subsection (c) is guilty of generating excessive sound from a motor vehicle, a minor misdemeanor.
(Ord. 6-20-02.)