(a) Prohibition During Certain Hours.
It shall be unlawful
for any person to make, continue or cause to be made or continued
any unnecessary, unusually loud or unusual noise between the hours
of 8:00 p.m. and 6:00 a.m. which either annoys, injures or endangers
the comfort, repose, health or safety of other persons. For the purpose
of this section, a member of the Police Department of the City is
empowered to make a prima facie determination as to whether such noise
constitutes a public nuisance.
(b) Near Schools and Hospitals.
It shall be unlawful for
any person, by himself or in the operation of any instrument, machine
or vehicle, to make any unnecessary noise within 150 feet of any hospital
or other institution reserved for the sick, or any school during school
hours.
(c) Exemptions.
Persons actively engaged in lawful employment or other lawful pursuits in the area described in subsection
(b) of this section shall be exempt from the provisions of this section.
(d) Excessive Noise.
No person operating or occupying a
motor vehicle on any street, highway, alley, parking lot, or driveway,
either public or private property, shall operate or permit the operation
of any sound amplification system, including, but not limited to,
any radio, tape player, compact disc player, loud speaker, or any
other electrical device used for the amplification of sound from within
the motor vehicle so that the sound is plainly audible.
(1) For the purposes of this section, “plainly audible” means
any sound which clearly can be heard, by unimpaired auditory senses
based on a direct line of sight of 50 or more feet, however, words
or phrases need not be discernable and said sound shall include bass
reverberation.
(2) Prohibitions contained in this section shall not be applicable to
emergency or public safety vehicles, vehicles owned and operated by
the City or any utility company, for sound emitted unavoidably during
job-related operation, or any motor vehicle used in an authorized
public activity for which a permit has been granted by the appropriate
agency of the City.
(Ord. 3203, 11-3-99. Code 1994 § 16-106; Code 1965 § 19-4)