509.08  UNLAWFUL NOISE OR DISTURBANCES.
   (a)   No person, including but not limited to an owner or persons in possession or control of any building or premises shall permit, allow, operate, generate or cause to be generated within the Municipality any noise or sound in such a manner as to do any of the following:
      (1)   Disturb or destroy the peace and quiet of the neighborhood;
      (2)   Cause inconvenience, annoyance or create a condition which is physically offensive to persons of ordinary sensibilities;
      (3)   Be dangerous or detrimental to health or safety.
   It is prima facie unlawful where the sound or noise is plainly audible on private property between the hours of 11:00 p.m. and 7:00 a.m., on any street, highway or in any public right of way which is 100 feet from the source of the sound.
   (b)   It is unlawful for any person operating or occupying a motor vehicle within the Municipality to operate or amplify the sound produced by a radio, tape player or other soundmaking device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle.
      (1)   The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.
      (2)   The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by state law.
      (3)   “Plainly audible” means any sound produced by a radio, tape player or other mechanical or electrical soundmaking device, or instrument, from within the interior or exterior of a motor vehicle, including sound produced by a portable soundmaking device, that can be clearly heard outside the vehicle by a person using his normal hearing faculties, at a distance of 100 feet or more from the motor vehicle.
      (4)   Any law enforcement personnel who hears a sound that is plainly audible as defined herein, shall be entitled to measure the sound according to the following standards:
         A.   The primary means of detection shall be by means of the officer’s ordinary auditory senses, so long as the officer’s hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
         B.   The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he can readily identify the offending motor vehicle and the distance involved.
         C.   The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound.  The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
      (5)   The motor vehicle from which the sound is produced must be located (stopped, standing or moving) within the Municipality.  Parking lots and driveways are included.
   (c)   Whoever violates subsections (a) or (b) is guilty of making unlawful noise, a minor misdemeanor.  If the offender persists in making unlawful noises after reasonable warning or request to desist, making unlawful noise is a misdemeanor of the fourth degree.
(Ord. 2000-159.  Passed 4-27-00.)