509.01 PERMITTING EXCESSIVE NOISE .

   (a)   No person, being the owner or person in possession or control of any building or premises within the Municipality, shall use the same, allow the use of the same, or rent the same to be used for any business or employment or residential use, or for any purpose of pleasure or recreation, if such use shall, by its loud or boisterous nature, disturb or destroy the peace and quiet of the neighborhood, or any resident thereof; cause inconvenience or annoyance, or create a condition which is physically offensive to persons of ordinary sensibilities; or be dangerous or detrimental to health or safety.

   It is prima facie unlawful where the sound or noise is plainly audible on private property between the hours of 12:00 a.m. and 6:00 a.m. from a distance of at least fifty (50) feet from the source of the sound or noise.

   (b)   In determining whether a noise is of such a character as to unreasonably disturb the peace and quiet of the neighborhood, a court shall consider the following factors:

      (1)   Complaints of neighbors regarding the noise.

      (2)   The time of day or night at which the noise takes place.

      (3)   The intensity and duration of the noise.

      (4)   The type of noise produced, and the nature and zoning of the area from which the noise emanates.

      (5)   Any alternate means available to the person in possession or control of the building or premises to act without excessive noise.

   (c)   The following uses and activities shall be exempt from noise regulations:

      (1)   Noises of safety signals, warning devices, and emergency pressure relief valves.

      (2)   Noises resulting from authorized emergency vehicles when responding to an emergency call or otherwise acting in time of emergency.

      (3)   Noises resulting from public works projects, or any work made necessary to restore property to a safe condition, or work required to protect persons or property from an imminent exposure to danger.

      (4)   Noises resulting from the normal use of churches, schools, athletic fields, parks, auditoriums, parades, fairs or other places ordinarily associated with organized public gatherings.

      (5)   Noises resulting from the ordinary operation of commercial or manufacturing facilities located in zoning districts which are established for such purposes.

   (d)   Whoever violates this section is guilty of permitting excessive noise, a minor misdemeanor. Each and every subsequent violation of this section within a twelve (12) month period shall be a misdemeanor of the fourth degree. Furthermore, if the offender persists in permitting excessive noise after reasonable warning or request to desist, permitting excessive noise is a misdemeanor of the fourth degree.

(Ord. 2001-41. Passed 10-1-01.)