The terms in this chapter shall be defined as
follows:
MOTOR VEHICLE
Any vehicle designed for transportation of persons or property
and propelled by an internal-combustion engine or other type engine,
including electrically assisted bicycles and similar devices.
[Added 5-10-2011 by Ord. No. 2011-19]
PERSON
Includes any individual, corporation, firm, association,
club or partnership.
PLAINLY AUDIBLE
Any sound that can be detected by a person using unaided
hearing faculties at a distance of 25 feet from the sound source.
For example, if the sound source under investigation is a portable
or personal vehicular sound-amplification or -reproduction device,
the detection of the rhythmic bass component of the music is sufficient
to verify plainly audible sound. A law enforcement officer need not
determine the title, specific words or artist performing the song.
[Amended 5-10-2011 by Ord. No. 2011-19]
No person shall play, use, operate or permit to be played, used
or operated any radio, television, phonograph, jukebox, musical instrument
or other device for the production or reproduction of sound with louder
volume than is necessary and convenient for the hearing of the person
so playing, using or operating such instrument or device and such
persons who are voluntary listeners thereto or in such a manner as
to disturb the peace, quiet and comfort of neighboring inhabitants.
The use or operation of any such radio, television, phonograph, jukebox,
musical instrument or other device between the hours of 10:00 p.m.
and 7:00 a.m. that is plainly audible shall be prima facie evidence
of a violation of this chapter.
No person shall, from Monday through Saturday
between the hours of 6:00 p.m. and 7:00 a.m. or on Sunday, in conducting
any excavation, demolition, erection, alteration, repair or other
building operation within 1,000 feet of any dwelling or business property,
operate or use any steam shovels, tractors, excavators, pneumatic
hammers, pile drivers, derricks, steam or electric hoists or any tools
or equipment which shall make any plainly audible noise, except in
cases of urgent necessity in the interests of public safety, and then
only upon obtaining a permit from the Building Inspector.
No person shall create any plainly audible noise
in connection with the loading or unloading of any vehicle or the
opening or destruction of any bales, boxes, crates or other containers
between the hours of 8:00 p.m. and 6:00 a.m.
No person shall create any plainly audible noise
that is on any public space or public right-of-way adjacent to any
school, hospital, library, house of worship, senior citizen center
or any other area designated by City Council which unreasonably interferes
with the workings of such institutions.
No person shall create any plainly audible noise
that disturbs the peace, quiet and comfort of the neighboring inhabitants
or persons in any public space or public right-of-way. Furthermore,
noise of such character, intensity or duration detrimental to the
life or health of any individual is prohibited.
This chapter shall not apply to the normal operation
of any plant, factory or industry engaged in the business of manufacturing,
processing of food or other industrial or commercial operation.
Any person convicted of violating any provision of this chapter, upon conviction thereof, shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty.