(A) Purpose: It is hereby declared that the provisions and prohibitions hereinafter contained and enacted are in the necessity of the public interest and that said provisions and prohibitions are enacted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, and the peace and quiet of the city of Wendell and its inhabitants.
(B) Definitions: For the purpose of this section, the following definitions shall apply:
CITY: Wendell, Idaho, or the area within the city limits of Wendell, Idaho.
EMERGENCY: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
EMERGENCY VEHICLE: A motor vehicle belonging to a fire department, firefighting association, or fire district, an ambulance, or motor vehicle belonging to a federal, state, county or municipal law enforcement agency.
EXCESSIVE NOISE: Any noise which due to its volume, its duration or its location annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the limits of the city.
PERSON: Any individual, association, organization, or entity having a legal recognized existence, whether public or private.
PLACE OF RESIDENCE: Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units (i.e., apartment, condominium, hotel, motel, duplex, triplex, etc.) each individual unit shall be considered a separate residence for the purpose of this section.
SOUND TRUCK: A truck or other vehicle having one or more speakers, usually situated on top, typically used for broadcasting political or commercial messages.
(C) Excessive Noise Prohibited: Noise which due to its volume, its duration, or its location disturbs, injures or endangers the comfort, repose, health, peace, or safety of persons not voluntary listeners thereto is hereby declared to be excessive and inimical to the welfare of the citizens of the municipality. It is unlawful for any person to make, continue, cause to be made, or allow to be made on any premises or any public place or public right of way from any radio, CD player, tape player, musical instrument, phonograph, or sound amplifier or similar device, any excessive loud, unnecessary or unusual noise. Specifically prohibited is the playing, using, operating, or permitting to be played, used or operated, any device for playing, producing, or reproducing sound at a louder volume than is necessary for the hearing of persons who are voluntary listeners on the premises, or in the building, room, or chamber in which the sound is being played, produced, or reproduced. Provided, however, that persons engaged in school related or sports related promotional activities and lawful parades shall be exempt from the provisions of this section for the duration of the activity.
(D) Excessive Noise From Vehicle Speakers And Similar Devices Prohibited: It is unlawful to use or operate any vehicle commonly known as a "sound truck" or other vehicle on or in which is mounted a loudspeaker and/or sound amplifier which emits amplified sound broadcast to the public at large. It is unlawful to use, operate, or permit to be used, played, or operated, radios, CD players, tape players, phonographs, vehicle stereo systems, and similar devices mounted in or on a vehicle loudly enough to disturb the peace, quiet, or comfort of persons who are involuntarily subjected to the sound who are on or in premises other than the vehicle. Sounds louder than necessary for the hearing of persons in the vehicle are hereby deemed excessive. Provided, however, that emergency vehicles and persons engaged in school related or sports related promotional activities and lawful parades shall be exempt from the provisions of this section for the duration of the activity.
(E) Exemptions: The following sounds are exempt from the provisions of this section:
1. Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of an emergency.
2. Airplanes and other FAA regulated aircraft.
3. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly owned property or facility, provided that such activities have been authorized by the owner of such property or facility or its agents.
4. Sounds caused by parades, fireworks displays, or any event for which a permit for that type of activity is required and have been obtained from the authorized governmental entity within such hours as may be imposed as condition for the issuance of said permit.
5. Sounds caused by locomotives or other railroad equipment.
6. Sounds caused by burglar alarms that are not in violation of this code.
7. Sounds caused by safety warning devices required by law.
8. Sounds caused by devices approved for use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit (i.e., drive-through window speakers, car lot PA systems, construction sites).
9. Dairy Days and Independence Day celebrations/events.
(F) Enforcement, Authority Granted:
1. Enforcement Officials: The Wendell police department, animal control/ordinance officer or persons empowered to enforce the provisions of this code shall be the enforcement officials for this section and are authorized to issue citations for this section. These officials have the authority to act on behalf of the city in investigating complaints, issuing citations and taking other lawful actions as required to enforce the provisions of this section. Upon his/her own observation of a violation without the necessity of citizen complainant's signature on said citation, by signing the citation, the officer or person is certifying that he has reasonable ground to believe that the person cited committed the offense contrary to law.
2. Citizen Citation: A uniformed citation may also be signed by any citizen or person in whose presence an alleged violation of this section occurred and be witnessed by a peace officer or person empowered to enforce this provision of this code whose name shall be endorsed on the citation, allowing peace officer to cite offender with an ordinance violation citation giving the offender opportunity to pay the fine to the Wendell city clerk, if the ordinance violation citation is not taken care of within fourteen (14) days of the issuance of the citation the citizen signed uniformed citation will be turned over to the Wendell city/Gooding County prosecutor's office for prosecution.
(G) Violations And Penalties:
1. It shall be a violation of this section to:
(a) Fail to comply with any provision of this section, that is, to do that which is described as unlawful or to violate the requirements established by this section.
(b) Fail to comply with any lawful order given by any law enforcement officer, unless such order is lawfully stayed or reversed.
2. Any person that is convicted or pleads guilty of violating any part of this section shall be guilty of an infraction punishable by fine of fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for the second offense within one year, and guilty of a misdemeanor for the third and subsequent offenses within one year of the first offense and ordered to pay a minimum fine of one hundred fifty dollars ($150.00) to a maximum of five hundred dollars ($500.00) and up to six (6) months in the county jail. (Ord. 513-2012, 5-17-2012)