(a) No person and/or entity (i.e. partnership, property owner, tenant, manager, company, firm, corporation) shall make or continue, or cause to be made or continued, any loud, unnecessary and raucous noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities in the area of the noise, including, but not limited to, the playing of any radio, music player, television, audio system, musical instrument or any other sound instrument or device; the use of construction equipment; the use of mechanical or motorized equipment.
(b) The standards which shall be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following:
(1) The level of the noise;
(2) Whether the nature of the noise is usual or unusual;
(3) Whether the origin of the noise is natural or unnatural;
(4) The level and the intensity of the background noise, if any;
(5) The proximity of the noise to residential sleeping facilities;
(6) The nature and zoning of the area within which the noise emanates;
(7) The density of the inhabitation of the area within which the noise emanates;
(8) The time at which the noise occurs;
(9) The duration of the noise;
(10) Whether the noise is recurrent, intermittent, or constant;
(11) Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 2008-66. Passed 9-11-08.)
(c) Whoever violates this section is guilty of making loud, unnecessary, raucous noises, a minor misdemeanor upon conviction for a first offense; if the offender is convicted of a violation of this section twice within any twelve month period the violation for which such second or subsequent offense within such twelve month period shall be a special misdemeanor for which the offender may be fined up to five hundred dollars ($500.00).
(Ord. 2008-71. Passed 9-25-08.)