(A) Noisy parties and gatherings.
(1) It is unlawful for any person to permit or to be present at or participating in a noisy party or gathering of people from which noise emanates of sufficient volume or nature so as to disturb the peace, quiet or comfort of another or interferes with the right of another to use peacefully his or her property, whether on public or private property. It shall be presumed that a violation of this section has occurred when any noise from a gathering is audible, at a distance of 50 feet or more, between the hours of 10:00 p.m. and 7:00 a.m.
(2) It is unlawful for any person, owning or possessing property upon which a party or gathering prohibited herein is in progress, to fail to abate such noise upon as order of a police officer. When a police officer has probable cause that a violation of this section is occurring, the officer may order all persons present, other than the property owner or person in possession of the property, to leave the property immediately and failure of any person, other than the owner or person in possession of the property, to refuse to leave after being so ordered by the police officer shall be unlawful.
(B) Electronic sound system/audio equipment.
(1) No person shall use or operate any electronic sound system or audio equipment including, but not limited to, any compact disc player, cassette tape player AM-FM radio, citizen band radio, paging system, or any other device designed to produce or reproduce audio sound; in such an unreasonable loud manner that disturbs the peace, quiet, and comfort of others or interferes with the right of another to use peacefully his or her property or public property without disturbance.
(2) It shall be presumed that a violation of this section had occurred when any electronic sound system or audio equipment is operated in a manner in which it is audible at a distance of 50 feet or more.
(3) When sound violating this section is produced by an electronic sound system or audio equipment that is located in or on a vehicle, the vehicle's owner is in violation of this section, provided that if the vehicle's owner is not present, the person in charge of the vehicle at the time of the violation is guilty of the violation.
(4) This section shall not apply to sound produced by the following:
(a) Amplifying equipment used in connection with activities for which a permit has been granted or in connection with activities of any organized school, church, civic, or other event or activity open to the public;
(b) Anti-theft devices;
(c) Church bells, chimes or carillons, school bells, or emergency civil defense warning signals; and
(d) Authorized emergency vehicles or other vehicle required by law to be equipped with sound devices.
(`86 Code, § 9.52) (Ord. 785, passed 2-5-02; Am. Ord. 855, passed 9-7-04)
Penalty, see § 91.99