§ 54-23.1. Restricted noise during certain times of the day.

It shall be unlawful for any person:

(a)

To use, allow to use, operate or play any radio, phonograph, television, record, compact disc or tape player, musical instrument, loudspeaker, sound amplifier or other machine or device capable of producing or reproducing sound in such a manner that it is plainly audible between 10:00 p.m. and 6:00 a.m. (i) inside the confines of a dwelling unit, house or apartment of another person or (ii) at 50 or more feet from the device. Such machines or devices are permitted to be used at public parks or recreation fields, sporting events, school-sponsored activities on school grounds, and at parades, public functions or commemorative events.

(b)

To allow or permit the playing of any radio, stereo, tape player, compact disc player, loud speaker or other device used to amplify sound which is located on residential property from 6:00 a.m. to 10:00 p.m. and which is plainly audible 50 feet or more from a public road, private road or the property line where the device is located. This provision shall not apply to community activities, weddings, public functions, or security devices.

(c)

To allow noise between the hours of 10:00 p.m. and 6:00 a.m. that is plainly audible either inside the confines of a dwelling unit, house or apartment of another person or at 50 or more feet when the noise is generated from a gathering of ten or more people.

(d)

To allow any animal or bird except farm animals between the hours of 10:00 p.m. and 6:00 a.m. to create noise such that it is plainly audible at least once a minute for ten consecutive minutes (i) inside the confines of a dwelling unit, house or apartment of another; or (ii) at 50 or more feet from the animal or bird.

(e)

To play or permit the playing of any radio, stereo, tape player, compact disc player, loud speaker or other electronic device or mechanical equipment used for the amplification of sound, which is located within a motor vehicle and which is plainly audible from outside the motor vehicle at a distance of 50 feet or more from the vehicle. This provision shall not apply to sirens, loud speakers and emergency communications radios in public safety vehicles, nor shall it apply to motor vehicle alarms or other security devices.

(f)

To create plainly audible noise (i) inside the confines of a dwelling unit, house or apartment of another person or (ii) at 50 or more feet from the device between 10:00 p.m. and 6:00 a.m. in connection with the loading or unloading of refuse, waste or recycling collection vehicles.

(g)

To create plainly audible noise (i) inside the confines of a dwelling unit, house or apartment of another person or (ii) at 50 or more feet from the device between 10:00 p.m. and 6:00 a.m. in connection with commercial lawn care, leaf removal, gardening, tree maintenance or removal and other commercial landscaping, lawn or timbering activities.

(h)

This section shall not apply to public safety activities, military activities and repairs to public or public service corporation infrastructure.

(i)

Violations of this section shall constitute a misdemeanor punishable by a fine of not less than $100.00 nor more than $250.00.

(Ord. No. O-11-14, § 2, 6-14-2011; Ord. No. O-11-25, § 1, 10-11-2011)

(Ord. No. O-11-14, § 2, 6-14-2011; Ord. No. O-11-25, § 1, 10-11-2011)