In addition to the general limitations on sound levels in section 36.404, the following additional prohibitions shall apply:
(a) It shall be unlawful for a person to make, continue or cause to be made or continued a disturbing, excessive or offensive noise.
(b) The characteristics and conditions which should be considered in determining whether a violation of this section has been committed include, but are not limited to, the following:
(1) The level of noise.
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is natural or unnatural.
(4) The ambient noise level.
(5) The proximity of the noise to a place where someone sleeps.
(6) The nature and zoning of the area within which the noise emanates and where it is received.
(7) The time of day the noise occurs.
(8) The duration of the noise.
(9) Whether the noise is recurrent, intermittent or constant.
(10) Whether the noise is produced by a commercial or noncommercial activity.
(c) The following acts, among others, are declared to be disturbing, excessive and offensive noises that violate this chapter and are unlawful:
(1) Unnecessarily using or operating or allowing another person to use or operate a vehicle horn, signaling device or other similar device, other than as regulated by the Vehicle Code.
(2) Using, operating, playing or allowing another person to use, operate or play a radio, musical instrument, phonograph, television set or other device for the production or reproduction of sound:
(A) That disturbs the peace, quiet and comfort of persons of normal sensitivity residing in the area.
(B) That exceeds the levels in section 36.404 when measured at a distance of 25 feet from a device operating in a public right-of-way.
(C) That exceeds the levels in section 36.404 when measured at a distance of 25 feet from a device for the production or reproduction of sound operated in a County park unless a permit has been obtained from the County Parks and Recreation Department specifying the time, location and other conditions under which amplified sound may be allowed within a County park. A person using, operating or playing a device for the production or reproduction of sound in a County park, however, shall not exceed a level of 90 decibels when measured 50 feet from the source or exceed the levels in section 36.404 when measured at the park boundary. Subsection 36.414 (c)(2)(C) shall be enforced by the Parks and Recreation Department.
(3) It shall be a prima facie violation of section 36.414(c)(2)(A) if a device for the production or reproduction of sound that is being operated, used or played is plainly audible at a distance of 50 feet or more from the building, structure or vehicle in which it is located.
(4) Playing, using, operating or allowing to be played, used or operated any sound production or reproduction device or machine including but not limited to radio receiving sets, phonographs, musical instruments, loudspeakers and sound amplifiers, for commercial or business advertising purposes in, on, over or across any street, alley, sidewalk, park or public property in a manner as to violate the provisions of this ordinance is prohibited. This subsection shall not apply to sound amplifying equipment mounted on a sound truck where the operator complies with the following requirements:
(A) The only sound emitted is music or human speech and the music or speech emitted is not obscene, lewd, profane or slanderous.
(B) The sound truck is only operated between the hours of 8:00 a.m. and 9:00 p.m. or after 9:00 p.m. during public events and affairs of general public interest.
(C) The sound amplifying equipment is not being operated unless the sound truck is traveling at a speed of at least 10 miles per hour, except when the truck is stopped or impeded by traffic. If the sound truck is stopped by traffic the sound amplifying equipment shall not be operated for longer than one minute at each stop.
(D) Sound is not emitted within 100 yards of a hospital, school, church or courthouse.
(E) The volume of sound does not exceed a sound level of 65 decibels (on the "A" scale) at a distance of 50 feet from the sound amplifying equipment as measured by a sound level meter.
(F) No sound amplifying equipment is operated unless the axis of the center of the sound reproducing equipment is parallel to the direction of travel of the sound truck. Any sound reproducing equipment, however, may be placed upon the sound truck as to not vary more than 15º either side of the axis of the center of the direction of travel.
(G) No sound truck with its amplifying device in operation shall be driven on the same street past the same point more than twice in one hour.
(5) Causing or allowing unreasonably loud or disturbing verbal noise that is offensive or annoying to a person of normal sensitivity.
(6) Owning, possessing or harboring an animal which by any frequent or long continued noise causes annoyance or discomfort to a person of normal sensitivity in the vicinity. The written affirmation by two persons having separate residences that an animal has caused frequent or long continued noise, that has caused them annoyance or discomfort shall be prima facie evidence of a violation of this section. This subsection does not apply to animal noise emanating from a legally operated animal hospital, humane society, County Department of Animal Services facility, farm or other agricultural facility where keeping animals is allowed.
(7) Operating or causing to be operated or used any steam whistle attached to a stationary boiler, except to give notice of the time to start or stop work or as a signal of imminent danger.
(8) Using or allowing the use of a motor vehicle to knowingly produce a noise that causes annoyance or discomfort to a person of normal sensitivity in the vicinity of the noise by backfiring the engine, screeching the tires, operating without a muffler, altering the muffler or any other action that causes a disturbing, excessive or offensive noise.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)