[Adopted by Ord. No. 2-13-84]
The following definitions shall apply to the interpretation of the provisions of this Ordinance:
PERSON — Shall mean an individual, partnership, firm, association, corporation or other legal entity.
UNNECESSARY LOUD NOISE — Shall mean sounds which disrupt the conduct or enjoyment of basic human activities, e.g. conversation, sleep, listening to music or the radio or watching television.
It shall be unlawful for any person to make, continue, permit or cause to be made or continued, any unnecessary noise within the Municipality.
Use Restricted. It shall be unlawful for any person to use, operate or permit to be played any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or continued any unnecessary noise as heard at the property line nearest the source which is clearly audible and distinguishable from the customary and ordinary background noise as heard at the property line nearest the source which is clearly audible and distinguishable from the customary and ordinary background noise in the District.
Noise in Public Right-of-way. In the case of a device operated by a person within public rights-of-way, the point of measurement above shall be 25 feet or farther away.
This section shall not apply to any person who is participating in a scheduled school band activity or in a parade for which a permit has been issued by the Municipality.
No person shall keep or maintain or permit the keeping of, on any premises owned, occupied or controlled by such person, any animal or bird otherwise permitted to be kept, which by frequent or habitual howling, barking, meowing, squawking, or other noise unreasonably disturbs the peace and quiet of any neighborhood or causes discomfort or annoyance to any person.
Any person, firm or corporation violating any provision of the Ordinance shall be fined not more than $300 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
The Council may, in its sole discretion, and in the name of the Municipality, institute proceedings in courts of equity to restrain the continued violation of this Ordinance.
The remedies provided in this Ordinance are cumulative and are not intended to repeal or replace any ordinance heretofore or hereinafter enacted which prohibits nuisances in general or specific nuisances in particular, and provided further that this Ordinance shall not repeal or affect in any manner whatsoever Ordinance No. 12-19-66A.
The provisions of this Ordinance are severable, and if any section, sentence, clause or phrase shall be held to be illegal, invalid or unconstitutional, the remaining portions of this Ordinance shall not be affected or impaired thereby.