(A) In general. It is unlawful for a person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing or unnecessary noise in the town that produces annoyance, inconvenience, discomfort or hurt to any person, or to the enjoyment of property or comfort of any person, or affects the health, safety or morale of the public.
(1) The following, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but any enumeration herein shall not be deemed to be exclusive:
(a) The playing or permitting to be played of any music or musical instrument whether played by individuals, orchestra, radio, phonograph, music box or other mechanical device or means in such a loud or unusual manner as to be offensive to the senses, or so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence;
(b) The use of any vehicle, engine or motor of whatever size, stationary or moving, instrument, construction equipment, device or thing, in a manner as to create loud and unnecessary grating, grinding, rattling, pounding or other noise;
(c) The keeping of any animal or bird which, by causing frequent or long, continued noise, shall disturb the comfort and repose of any person in the vicinity; or
(d) A person who, acting individually or as a group, creates verbal or other noises in a manner which disturbs the peace, quiet or tranquility of a residential neighborhood, apartment complex or other residential area; or operation of any sound amplification device mounted on or inside a motor vehicle in a manner which disturbs the peace, quiet and tranquility of a residential neighborhood, apartment complex or other residential area.
(2) For the purposes of this section, it shall be prima facie evidence of a violation of this section if any of the above noises are made, created or produced in any residential area between the hours of 10:00 p.m. and 6:00 a.m.
(B) Vehicle noise.
(1) It is unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise; and it is unlawful for any person operating any motor vehicle to use a cut-out, by-pass or similar muffler elimination appliance.
(2) Any time a police officer has reasonable cause to believe that a vehicle is not equipped as required by law, or that its equipment is not in proper adjustment or repair, the officer will take appropriate action within the guidelines of A.R.S. §§ 28-981, 28-982 and 28-983, and any later amendments or revisions thereto.
(C) Punishment. Any act in violation of division (A) or (B) of this section is hereby declared to be a loud and unnecessary noise. Violations shall be subject to the provisions of § 130.99.
(1991 Code, § 11-1-6) (Ord. 68, passed 8-20-1990) Penalty, see § 130.99