(A) No person shall play, use or operate, or permit to be played, used or operated any machine or device for the producing or reproducing of sound, including, but not limited to, loudspeakers, radios, CD players, television sets, musical instruments, phonographs and cassette players, or any other machine or tool that produces sound, nor shall any person operate any motor vehicle, machine or tool that contains a modified or defective exhaust system, if such machine, tool or vehicle is located in or on any of the following:
(1) Any public property, including any public right-of-way, highway, road, street, alley, building, sidewalk, public space, park or thoroughfare and the sound generated therefrom is audible 50 feet or more from its source, or is at a level of 90 decibels or more when measured on a dB(A) scale from a distance of not less than six feet from its source; or
(2) Any private property and the sound generated therefrom is audible 50 feet or more outside of said private property line or is at a level of 90 decibels or more when measured on a db(A) scale from a distance of not less than six feet from its source; or
(3) The following are exempted from the provisions of this section:
(a) Sounds emitted from authorized emergency vehicles.
(b) Lawn mowers, weed blowers, garden tractors, construction repair equipment, go- carts and power tools, when properly muffled, between the hours of 7:00 a.m. and 9:00 p.m. only.
(c) Burglar alarms and other warning devices when properly installed, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time.
(d) Parades, festivals, carnivals, fairs, celebrations, concert performances, band and drum corps performances, and artistic performances, as well as any rehearsals for same, and all other events authorized by the Town Council or other appropriate governmental entity.
(e) Attendant noise connected with the actual performance of athletic or sporting events and practices related thereto.
(f) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency construction, repair or other work.
(g) Sounds associated with the use of legal fireworks or celebrations of legal holidays to the extent permitted under § 92.22.
(h) Sounds associated with the normal conduct of legally established non-transient businesses, when sounds are customary, incidental and within the normal range appropriate for such use.
(i) Sounds emitted from sound amplifying devices from which a permit has been obtained pursuant to the Municipal Code of the town.
(j) Sounds associated with a motor vehicle which has a defective or modified exhaust system, if the cause is repaired or remedied within seven calendar days.
(k) Sounds associated with the operation of aircraft or snow removal equipment.
(B) Any person who violates the provisions of this subchapter shall be subject to the following fines:
(1) First offense: $25
(2) Second offense: $50
(3) Third offense and subsequent offenses: $100
(C) The Johnson County courts shall be the courts of proper venue and jurisdiction for the enforcement of this section. All fines/assessments shall be paid to the Clerk-Treasurer of the town at the Whiteland Town Hall within 30 days of the offense or a court order.
(D) A custodial parent shall be responsible for ensuring that a child under 18 years of age complies with this subchapter, and said parent shall be responsible for any fine imposed hereunder.
(E) Citations for violation of this section may be issued by any sworn member of the town Police Department.
(Ord. 05-6, passed 11-14-05; Am. Ord. 2014-12, passed 2-9-15)