(A) It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud or disturbing noises on any lands occupied by a retail establishment. RETAIL ESTABLISHMENT is defined as a commercial business where food, drinks, merchandise, apparel, drugs or food products are sold to the general public.
(B) It shall be unlawful for any real property where a retail establishment exists: to create, assist in creating, permit, continue or permit the continuance of the blowing of any steam whistles, electric horns or other signaling or warning device; to operate loud speakers, sound trucks, amplifiers or other mechanical or electrical devices for increasing the volume of sound; to cause loud noises by way of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument, the playing of any radio, hi-fi, stereo system, phonograph, C.D. player, piccolo or amplified musical instruments or any brass or drum instrument, or any other amplification device or apparatus making or reproducing musical or other sounds.
(C) Provided, however, nothing herein shall prohibit any person or establishment operating a retail business from playing any radio, television, hi-fi, stereo system, phonograph, C.D. player, piccolo, or any musical instruments with or without amplification within an enclosed building while the doors and windows are closed, so long as the sounds generated by such playing cannot be heard by the average person 100 yards from the retail establishment’s property.
(D) Prohibitions contained in this section are in addition to the prohibitions contained in § 132.15.
(Prior Code, § 14-16) (Ord. passed 8-20-2002) Penalty, see § 132.99