Chapter 8
NOISE*
Sections:
5-8.01 Offensive noise prohibited.
5-8.02 Offensive noise standards.
5-8.03 Violations: Subsequent offenses within 48 hours.
* Chapter 8 entitled “Community Antenna Television Systems”, consisting of Sections 5-8.01 through 5-8.21, codified from Ordinance No. 48 C-M, repealed by Ordinance No. 605-83 C-M, effective October 13, 1983.
5-8.01 Offensive noise prohibited.
It shall be unlawful for any person on residential property or a public way to make or continue, or cause to be made or continued, any offensive, excessive, unnecessary, or unusually loud noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others on residential property or public ways within the City.
(§ 1, Ord. 776-88 C-M, eff. May 12, 1988)
5-8.02 Offensive noise standards.
The following acts, among others, are declared to be offensive, loud, disturbing, and unnecessary noises originating from residential properties or on public ways in violation of this chapter, but such enumeration shall not be deemed to be exclusive:
(a) The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, stereo, television, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet, and comfort of neighboring residential inhabitants at any time with volume louder than is necessary for convenient hearing for the persons who are in the room, vehicle, or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, stereo, machine, or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of fifty (50') feet from the residential building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this chapter;
(b) The using, operating, or permitting to be played, used, or operated of any radio receiving set, stereo, tape recorder, sound amplifier, or other machine or device for producing or reproducing sound from any motor vehicle on any public street at any time with volume louder than is necessary for convenient hearing for the persons who are in the motor vehicle in which such sound machine or device is operating and who are voluntary listeners thereto. The operation of any such sound machine or device in such a manner as to be plainly audible at any time at a distance of ten (10') feet from the motor vehicle in which it is located shall be prima facie evidence of a violation of this chapter; and
(c) Yelling, shouting, hooting, whistling, or singing originating from any residential property or upon any public way at any time so as to annoy or disturb the quiet comfort or repose of persons in the vicinity.
(§ 1, Ord. 776-88 C-M, eff. May 12, 1988)
5-8.03 Violations: Subsequent offenses within 48 hours.
Any person who shall violate, or refuse to abide by, any provision of this chapter shall be subject to the penalties set forth in Chapter 2 of Title 1 of this Code; provided, further, any person who violates any section of this chapter and is cited for such violation and who, within forty-eight (48) hours after receiving such a citation, again violates the same section shall be guilty of a misdemeanor. A person is cited for a violation when such person is issued and signs an infraction or misdemeanor citation, or when such person is arrested and booked, or when a complaint is filed, and the person is notified of the filing of such complaint.
(§ 1, Ord. 776-88 C-M, eff. May 12, 1988)
5-8.04 Exceptions.
The provisions of this chapter shall not apply to any noise which is subject to the regulations concerning noise set forth in Title 14 of this Code or for which a permit has been issued pursuant to Chapter 34 of this title.
(§ l, Ord. 776-88 C-M, eff. May 12, 1988)