§ 50-69. Specific prohibitions.

(a)

Noises designated; enforcement. The operation of amplifiers, musical instruments or other mechanical or electronic devices or the use, operation or playing of any radio, tape, record or compact disc player, television, electronic audio equipment, musical instrument, sound amplifier, or other mechanical or electronic soundmaking device that produces or reproduces sound or noise in a manner that is plainly audible at a distance of 200 feet or more away from the real property line or from the vehicle that is the source of the sound or noise is declared to be a violation of this article.

(b)

Standards. Any police officer or other official designated by the city administrative assistant who hears a noise or sound that is plainly audible shall measure the noise or sound according to the following standards:

(1)

The primary means of detection shall be by means of the official's normal hearing faculties, so long as the official's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.

(2)

The official must have a direct line of sight and hearing to the real property or vehicle that is the source of the sound or noise so that the official can readily identify the offending source of the sound or noise and the distance involved.

(3)

The official need not recognize the particular words or phrases being produced or the name of any song or artist producing the noise or sound. The detection of a rhythmic bass reverberating type of noise or sound is sufficient to constitute a plainly audible noise or sound.

(c)

Enforcement procedures and enforcement. The following procedures shall be followed by the designated official when enforcing this article:

(1)

The designated official shall investigate and determine if any noise or sound is in violation of the specific noise prohibitions provided in this article.

(2)

If a noise level is found to be in violation of this section, the designated official shall give a warning to the person responsible for the plainly audible sound or noise.

(3)

If sound or noise is not eliminated or abated within a reasonable time after warning, or if the noise or sound is abated after warning and then reoccurs, a notice of violation shall be issued, or the person in possession or control of the cause of the unlawful sound or noise may be arrested and charged with violating this article and upon conviction shall be subject to the penalties designated in this article. For purposes of this section, a reasonable time means such length of time as may fairly, properly and reasonably be allowed or required to eliminate or abate a noise or sound deemed to be in violation of this section, after a warning has been issued. The duration of time shall be dependent on the source of the noise or sound and what action that can be taken to eliminate the noise or sound causing the violation.

(Code 1986, § 17-8; Ord. No. 960, § 1, 7-6-2010)