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(A) It shall be a violation of this subchapter to knowingly or recklessly create a sound that is clearly audible to a person with normal hearing from any place other than the premises from which the source of the sound is located, when the sound occurs between the hours of 12:00 a.m. and 6:00 a.m. in areas zoned for commercial and mixed use, and 10:00 p.m. and 6:00 a.m. in areas zone for primarily residential use.
(B) Between the hours of 6:00 a.m. and 12:00 a.m., it shall be unlawful for any person, without justification to knowingly make or continue, or cause or permit to be made or continued, any unnecessary, excessive or offensive noise, which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
(C) The factors which will be considered in determining whether a violation of the provisions of this subchapter exists will include, but not be limited to, the following:
(1) The volume of the noise as compared to the volume of background noise;
(2) Whether the nature of the noise is usual or unusual;
(3) The nature and zoning of the area within which the noise emanates;
(4) The time of day or night the noise occurs;
(5) The duration of the noise; and
(6) Whether the noise is recurrent, intermittent or constant.
(D) In addition to the foregoing, the following acts are violations of this subchapter.
(1) It shall be a violation of this subchapter to play, use or operate or allow to be played, used, or operated in any motor vehicle any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument or any other machine or device for producing or reproducing sound at a volume that is louder than necessary for the convenient hearing of persons who are inside the vehicle within which such sound is played, used or operated. Sound that is clearly audible 30 feet or more from the vehicle is prima facie evidence of a violation of this subchapter.
(2) It shall be a violation of this subchapter to play, use, operate or allowed to be played, used or operated any radio television, digital media player, loudspeaker, sound amplifier, musical instrument or any other machine or device for producing or reproducing sound in such a manner that the sound produced persists continuously or intermittently for a period of at least 15 minutes and can be heard outside the immediate premises from the location of the emitter by a person with normal hearing.
(Ord. 921, passed 7-8-2011) Penalty, see § 130.99