No person shall use, operate or permit to be played any radio receiving set, tape or disc player, musical instrument, phonograph, stereo, public address system or other device for the producing or reproducing of sound in such manner, considering the time and place and the purpose for which sound is produced, so as to disturb the peace, quiet or repose of a person or persons of ordinary sensibilities.
(A) The play, use or operation of any radio, tape or disc player, musical instrument, phonograph, stereo or other machine or device for the production or reproduction of sound in such a manner as to be plainly audible at a distance of 50 feet from such machine or device shall be prima facie evidence of a violation of this section.
(B) When sound violating this section is produced or reproduced by a machine or device that is located in or on a vehicle, the vehicle's owner is guilty of the violation, provided, however, that if the vehicle's owner is not present at the time of the violation, the person in charge or control of the vehicle at the time of the violation is guilty of the violation.
(C) This section shall not apply to sound procured by the following amplifying equipment used in connection with activities which are authorized, sponsored or permitted by the city, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity: church bells, chimes or carillons; school bells; anti-theft devices; or machines or devices for the production of sound on or in authorized emergency vehicles.
(D) With the exception of the machines or devices listed in division (C) of this section, this section shall apply to all radios, tape and disc players, musical instruments, phonographs and machines and devices for the production or reproduction of sound, whether on public or private property.
(Ord. 878, passed 6-14-99) Penalty, see § 92.99