(A) (1) It shall be unlawful for any person to cause or allow the emission of any unreasonable loud, disturbing, and unnecessary noise in the county. Specifically, it shall be unlawful to create or emit noise of the character, intensity, or duration as to be detrimental to the health of any individual or that is above the sound emission decibel limits set forth herein.
(2) It shall be unlawful to play any radio, music player, television, audio system, or musical instrument in the manner or at the volume as to annoy or disturb the quiet, comfort, or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the premises in which the device or instrument is played and who are voluntary listeners thereto.
(3) Except for organized events which have received any type of permit required in conjunction with the event, it shall be unlawful to play any radio, music player, television, or audio system upon a public right-of-way or upon other public property in the manner or at the volume as to disturb the quiet, comfort, or response of other persons.
(B) No person shall play any radio, music player, or audio system in a motor vehicle at the volume as to disturb the quiet, comfort, or repose of other persons or at a volume which is plainly audible to persons other than the occupants of the vehicle.
(C) (1) No sound magnifying device mounted on a vehicle shall be operated between the hours of 8:00 p.m. and 10:00 a.m. or at any time within 500 feet of any school, church, or hospital in the manner or at a volume which is plainly audible to persons other than the occupants of the vehicle.
(2) No sound magnifying device mounted on a vehicle shall be operated on a Sunday; provided that any such device may be operated in substitution for a band as part of a parade held after 1:00 p.m. on Sunday under the auspices of any organization authorized to hold the parade, if the permit issued for the parade so indicates.
(3) The provisions of this section do not apply to sound-magnifying devices controlled by any governmental entity or to private ambulances which are engaged in responding to emergency calls.
(D) In addition to any other violation of this subchapter, the acts enumerated below are specifically declared to be nuisance noises or unreasonably loud, disturbing, and annoying or unnecessary noise, the creation or emission of which shall be unlawful. Such enumeration shall not be deemed to be exclusive:
(1) Yelling, shouting, whistling, or singing;
(2) Noisy parties;
(3) Loading operations (i.e., loading, unloading, opening, or otherwise handling boxes, crates, containers, garbage cans, or other similar objects);
(4) Repair of motor vehicles (i.e., the repair, rebuilding, or testing of any motor vehicle);
(5) Sound amplification equipment, television, stereos, boom boxes, or other musical instrument(s);
(6) Horns and signaling devices, except as a warning of a safety hazard, danger, or emergency;
(7) Vehicles not operating with original manufacturer-provided muffler, or equivalent, in good working order;
(8) No motor shall be used on any watercraft unless it is equipped with an efficient muffler, underwater exhaust, or other device which at all times adequately muffles or suppresses the sound of the exhaust of the motor so as to prevent excessive or unusual noise, and no motor shall be equipped with any cutout. It is not the intent of this section to prohibit the use of any type exhaust system or device, including those systems and devices that do not discharge water with the exhaust gases;
(9) Exterior and mobile loud speakers;
(10) Power equipment, including, but not limited to, power tools, generators, and garden equipment;
(11) The use or firing of explosives, firearms, or similar devices which create impulsive sound;
(12) The sounding of a security alarm for more than 20 minutes after the owner or responsible party has been notified by law enforcement personnel;
(13) It shall be unlawful to operate a vehicle sound system on public or private property, or a boom box on public or private property in such a manner that the sound emanating from such equipment is detectable at a distance of 30 feet from the source;
(14) The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same are in session, or within 150 feet of any hospital which unreasonably interferes with the working of such institution or which disturbs or duly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, church, court, or hospital street;
(15) The keeping of any bird, livestock, dogs, or other animal which by causing frequent or long continued noise disturbs the comfort or repose of individuals in the vicinity; and
(16) HILU facilities outlined in § 91.03 are determined to be nuisance noises or unreasonably loud, disturbing, and annoying or unnecessary noise, the creation or emission of which shall be unlawful if determined to have occurred outside of the permissible HILU daytime hours set out herein.
(E) The following are exempt from the provisions of this section:
(1) Sound emanating from regularly scheduled outdoor athletic events or recreational activities on the grounds of local schools or parks;
(2) Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for which proper and valid building permits have been issued, and/or; construction operations not requiring permits due to ownership of the project by an agency of government. Such exemption presumes that: all equipment is operated in accordance with the manufacturer’s (or equivalent) specifications; all standard equipment has manufacturer’s (or equivalent) mufflers and noise-reducing equipment in use; and that all equipment utilized is in properly operating condition;
(3) Legally used noises of safety signals, warning devices, emergency pressure relief valves, and all church bells;
(4) Sound resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency;
(5) All noise coming from the normal operations of properly equipped aircraft (not including scale model aircraft) which are specifically preempted by the Federal Aviation Administration;
(6) Noises of vehicles traveling on public rights-of-way properly equipped with the manufacturer’s standard (or equivalent) mufflers and noise-reducing equipment, unless such vehicle is stopped and producing sound by use of a bell, loudspeaker, or other device for the purpose of attracting attention (for other than an emergency warning) or for the entertainment of the occupant(s) or owner of the vehicle and/or a user of the vehicle whether the user is located within or outside of the vehicle;
(7) Noise from lawful fireworks and noisemakers on holidays, at religious ceremonies, and/or as part of or during a municipal celebration or parade;
(8) Musical accompaniment or firearm discharge related to military ceremonies;
(9) Noise resulting from a citizen’s careful, lawful, and proper use of firearms on his or her own property, and/or on the property of another who has given the user express authorization for such entry, for the purpose of target practice and/or lawful hunting during the hours of 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. This exemption does not in any way extend or change the legal hunting times and seasons but must be read congruent with such;
(10) Emergency work necessary to maintain public safety, or to restore property to a safe condition following an accident or natural disaster, or to restore public utilities and infrastructure following an accident or natural disaster, or to protect persons or property from an imminent danger;
(11) Noises resulting from the provision of government services necessary to maintain the public infrastructure;
(12) Noises resulting from work performed by non-governmental agencies, provided that such work is necessary to maintain the public infrastructure and that a permit for the work has been issued by the county;
(13) Agricultural and horticultural operations conducted in a reasonable manner on property classified as bona fide farms for ad valorem tax purposes;
(14) Noises resulting from lawn care equipment used between 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m., provided fuel engines of any type are equipped with a functioning muffler;
(15) Music produced by school bands while practicing or performing on school property and/or as part of a municipal celebration;
(16) Non-amplified crowd noises resulting from activities such as those planned by student, governmental, or community groups, as well as those noises resulting from a bona fide business event that lasts not longer than four hours in a 24-hour period;
(17) Noises resulting from any activities of temporary duration for which a permit allowing exemption from this section has been granted by the county pursuant to § 91.11. Regulation of noises emanating from operations under such permit shall be according to the conditions and limits stated on the permit; and
(18) HILU facilities outlined in § 91.03 are hereby made exempt during HILU daytime hours only.
(Ord. passed 1-3-2011) Penalty, see § 91.99