(a) No person shall make, create or continue, or cause to be made, created or continued, any loud, unnecessary, unnatural or unusual noise which annoys, disturbs, injures, endangers or impairs the comfort, repose, health, peace, convenience, safety, welfare or enjoyment of the occupants of the neighborhood in which the noise is heard.
(b) The hours between 10:00 p.m. and 6:00 a.m. shall be designated as quiet time during which the Police Department shall enforce the provisions of this chapter with enhanced scrutiny. Any loud, unnecessary, unnatural or unusual noises occurring between the hours of 10:00 p.m. and 6:00 a.m. will constitute a per se violation of this chapter.
(c) The Police Department shall employ broad discretion in determining violations under this chapter and in doing so shall consider whether any reasonable person or persons of normal sensitivity would be annoyed, disturbed, injured, endangered or impaired by the noise in question whether due to volume, or duration or both.
(d) The Police Department shall consider the following characteristics and conditions when determining whether a given noise constitutes a violation under this chapter:
(1) The level of the 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 level of the ambient noise;
(5) The proximity of the noise to sleeping and/or living quarters;
(6) The nature and the zoning of the area from which the noise emanates and the nature and the zoning of the area in which the noise is heard;
(7) The time of day or night the noise occurs;
(8) The day of the week on which the noise occurs;
(9) The day of the year on which the noise occurs;
(10) The duration of the noise; and,
(11) Whether the noise is recurrent, intermittent, or constant.
The foregoing list of conditions and characteristics shall not be considered exhaustive and the Police Department shall be required to consider the totality of the circumstances when determining violations of this chapter.
(1974 Code Sec. 9.32; Ord. 800. Passed 4-6-05.)