§ 4. NOISE

A.

SOUND AMPLIFICATION SYSTEMS IN VEHICLES

(1)

No person operating or occupying a motor vehicle on a street, highway, alley, parking lot, or driveway, whether public or private property, shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty (50) or more feet from the vehicle.

(2)

Sound amplification system means any radio, tape player, compact disc player, loudspeaker, or other electronic device used for the amplification of sound.

(3)

Plainly audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of fifty (50) feet or more. Measurement standards shall be by the auditory senses, based on direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, parking lot, or driveway, on either public or private property.

(4)

It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and any of the following apply:

(i)

The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition.

(ii)

The vehicle was emergency or public safety vehicle.

(iii)

The vehicle was owned and operated by a public utility company, including the city.

(iv)

The system or vehicle was used in an authorized public activity, such as parade, fireworks, sporting event, musical production or other activity which has the approval of the city council or a department of the city authorized to grant such approval.

(Ordinance No. 06-2013 of March 28, 2013, Sec. 1)

B.

NOISES AS PUBLIC NUISANCES

(1)

No person may play any musical type apparatus inside or outside a residence or business particularly between the hours of 11:00 p.m. and 7:00 a.m. so that the sound is plainly audible at a distance of fifty (50) or more feet outside of the building or structure from the source of noise or sound.

(2)

No person shall sound any horn or signal device on any automobile, motorcycle, or other vehicle which not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion, only as a danger signal after, or as brakes are being applied and deceleration of the vehicle is intended so that such signal device is plainly audible at a distance of fifty (50) or more feet from the source of noise or sound.

(3)

The keeping of any animal or bird causing a frequent or long-continued noise plainly audible at a distance of fifty (50) feet or more from the source of noise or sound constitutes a nuisance. Refer to Section 2, Animal Control, Code of Ordinances.

(4)

The erection (including excavation), demolition, alteration, or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 9:00 p.m., shall be deemed a violation of this section.

(Ordinance No. 06-2013 of March 28, 2013, Sec. 2; Ordinance No. 02-2016 of March 10, 2016)

C.

EXCEPTIONS

It shall not be a violation of this section if in the case of urgent necessity or in the interest of public safety, the City Council issues a permit to allow the erection, excavation, demolition, alteration, or repair of any building or development in a residential or business district for any time during the day or night.

(Ordinance No. 02-94 of April 14, 1994; Ordinance No. 06-2013 of March 28, 2013, Sec. 3)

D.

PENALTY

The violation of any provision of this section shall be unlawful and a misdemeanor offense, punishable by a fine not exceeding five hundred dollars ($500.00). Each referral and each day a violation of this section continues shall constitute a separate offense.

(Ordinance No. 06-2013 of March 28, 2013, Sec. 4)