509.09  NOISE CONTROL.
   (a)   Sound Amplification Devices.
      (1)   No person shall generate or permit to be generated unreasonable noise or loud sound which is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of radio, phonograph, television, tape player, compact disc player, loud speaker, megaphone, or any other sound amplifying device or by any horn, drum, piano or other musical or percussion instrument in such manner or at such volume which is plainly audible to persons other than those who are in the room or immediate surroundings in which such device or instrument is played and who voluntary listens thereto.
      (2)   No owner, agent or operator of a commercial enterprise located within a permanent structure or building shall permit, use, set up or operate a musical instrument or sound amplifying system, which is plainly audible outside the structure or building.
   (b)   Sound Amplification System in Motor Vehicles.  No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway, shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is audible at a distance of fifty feet or more from the vehicle.
   (c)   Definitions.
      (1)   “Sound amplification system” means any radio, tape player, cassette player, compact disc player, loud speaker, megaphone, synthesizer or other electronic device used for the amplification of sound.
      (2)   “Plainly audible” means any sound produced by a sound amplification system, which can be heard at a distance of fifty feet or more.  Measurement standards shall be by the auditory senses based upon direct line of sight.  Word or phrases need not be discernible and bass reverberations are included, with respect to subsection (b), the motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot, driveway, residential, business or commercial property.
   (d)   Affirmative Defense.  It is affirmative defense to a charge under subsections (a) or (b) that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:
      (1)   Blowing of horns when necessary to prevent an accident.
      (2)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road or street condition.
      (3)   The vehicle was an emergency or public safety vehicle.
      (4)   The vehicle was owned and operated by the Municipality.
      (5)   The system was used for the purpose of giving instructions, directions, lectures, or any verbal announcements, which were given prior approval by Council or the Chief of Police acting in accordance with guidelines established by Council.
      (6)   The vehicle was used in an authorized public activity, such as parades, fireworks, sport events, musical productions and other activities, which have the prior approval of Council or the Chief of Police.
   (e)   Fixed Source Noise Levels. 
      (1)   Except as provided for in subsection (2) hereof, in any zoning district, on and after a date six months after the effective date of this ordinance, no person shall operate any fixed source machinery or equipment, or similar mechanical device, in any manner so as to create any noise which would cause the sound level measured at the property line of the property affected by the noise emission to exceed the applicable fixed noise level proscribed in this section for longer than a sixty minute period, during the time periods shown below:
 

ZONING DISTRICT

TIME PERIOD
SOUND LEVEL DECIBEL MAXIMUM
R1, R2, MR, MHPD
10:00P.M. -7:00 A.M.
70 DECIBELS
ANY NON-RESIDENTIAL DISTRICT
10:00 P.M. - 7:00 A.M.
85 DECIBELS
ANY ZONING DISTRICT
ANY TIME
90 DECIBELS
If the measurement location is on a boundary between two zoning districts, the lower sound level shall apply.
      (2)   The provisions of subsection (1) hereof shall not be applicable to any emergency signaling devices required by law; nor to any standby equipment operated only in emergency situations, provided that such standby equipment shall not emit noise at a level in excess of 85 DBA when measured at the property line of the property whereon it is located.
      (3)   Definitions.  As used in this section, the following definitions will apply:
         A.   “Decibel (db)” means a unit of measure, on a logarithmic scale to the base ten, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure, which for the purposes of this code, shall be twenty micronewtons per square meter (mn/m2).
         B.   “Emergency situation” means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility services or protecting them from imminent danger.
         C.   “Fixed source” means a machine or device capable of creating a noise level at the property upon which it is regularly located, including, but not limited to: air conditioning and refrigeration apparatus, industrial and commercial process machinery, fans, etc.
         D.   "Sound" means that which is or can be heard as (a) A sensation produced in the organs of hearing by stimulation of the auditory nerves; or (b) The vibrations of the sensation, whether audible or not; or (c) Pressure oscillation, particle displacement, particle velocity; or (d) Elements of duration, intensity, and frequency.
               E.     "Sound level" means in decibels, a weighted sound pressure level, measured by the use of metering characteristics and frequency weightings specified in ANSI S1.4 - 2014 (reaffirmed by ANSI 2019) "Sound Level Meters - Part 1: Specifications" (and any successor to those specifications).
         F.   “Sound pressure level” means in decibels, twenty times the logarithm to the base ten of the ratio of the magnitude of a particular sound pressure to a standard reference pressure, which for the purposes of this chapter shall be twenty micronewtons per square meter (20 mn/m2).
   (f)   Penalty.  Whoever violates any of the provisions of this section:
      (1)   Upon a first offense, shall be guilty of a minor misdemeanor and shall be fined no more than one hundred dollars ($100.00).
      (2)   With a prior conviction, upon a second offense shall be guilty of a misdemeanor in the fourth degree, the fine and shall be fined no more than two hundred and fifty dollars ($250.00).
      (3)   Each day upon which a violation occurs or continues shall be a separate offense and punishable as such.
         (Ord.  2020-35.  Passed 12-7-20.)