(a) As used in this section, “ambient noise level”, “decibel”, “noise nuisance”, “sound level meter” and “sound pressure level” have the same meanings as in Section 509.09(a).
(b) No person shall make, produce, create, cause, continue or permit a noise nuisance by the use of a radio, music player, stereo, television, phonograph, loud speaker system, tape player, disc player, musical instrument, audio system or any other sound-amplifying device or system.
(c) Factors to be considered in determining whether a violation of this section has occurred include, but shall not be limited to, those same factors as in Section 509.09(c).
(d) For purposes of this section, it shall be prima facie unlawful for a person to make, produce, create, cause, continue or permit a sound or noise where or when the sound or noise is audible more than fifty feet from a property line of the property upon which the source of the sound or noise is located or where or when the sound or noise is 15 dBA above the ambient on the receiving property.
(e) A sound level meter may be used to determine whether a violation of this section has occurred.
(f) The provisions of this section shall not apply to: school-related activities or events; parades authorized by the City; concerts or like events in public parks or other public places which are authorized by the City; or any event which has received a valid permit from the City as set forth in Section 311.02 or like ordinance; emergency vehicles when responding to an emergency call or acting in time of emergency; and lawfully scheduled sporting events, parades, fireworks, festivals and concerts.
(g) Whoever violates this section shall be subject to the following penalty:
First Offense | A fine of one hundred dollars ($100.00). |
Second Offense | A fine of two hundred and fifty dollars ($250.00). |
Third Offense and Thereafter | A fine of five hundred dollars ($500.00) and a minimum of three days in jail, up to a maximum of thirty days in jail. |
If the violation occurred between the hours of 9:00 p.m. and 7:00 a.m., however, the aforedescribed monetary fine in this subsection (g) shall be doubled.
A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(h) In any violation of this section, the equipment or device used in the commission of the violation may be subject to seizure and forfeiture in accordance with law.
(Ord. 11983/06. Passed 9-13-06.)