§ 42.05. Additional Prohibited Acts.
(1)
On Residential Property:
a.
It shall be unlawful for any person to make, maintain, create, or allow to be created any unreasonably disturbing noise that is of such character, intensity or duration as to be detrimental to the life, health, comfort or repose of any individual of ordinary sensibilities residing in or occupying the area.
b.
It shall be unlawful to play any radio, phonograph, television, electronic device, or any musical instrument or operate a sound-amplification device in such a manner as to unreasonably disturb the peace, quiet, comfort, and repose of neighboring inhabitants of ordinary sensibilities, or at any time louder than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such machine, instrument, or device is operated.
c.
The operation of any such machine, instrument, speaker, 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 15 feet from the property line of the building or structure, or the boundary of the vehicle in which the noise is located shall be prima facie evidence of a violation of this section.
(2)
On Multi-Use Property:
a.
It shall be unlawful for any person to make, maintain, create, or allow to be created any unreasonably disturbing noise that is of such character, intensity or duration as to be detrimental to the life, health, comfort or repose any individual of ordinary sensibilities residing in or occupying the area.
b.
It shall be unlawful to play any radio, phonograph, television, electronic device, or any musical instrument or operate a sound-amplification device in such a manner as to unreasonably disturb the peace, quiet, comfort, and repose of neighboring inhabitants of ordinary sensibilities, or at any time louder than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such machine, instrument, or device is operated.
c.
Any such machine, instrument, speaker, or device being used inside of a building, structure, room, chamber, or other similarly defined area shall not in any way face or direct the sound toward any open entrance or exit, or any window or other similar opening in the building, structure, room, chamber, or other similarly defined area.
d.
The operation of any such machine, instrument, speaker, or device between the hours of 10:00 p.m. and 7:00 a.m. in a such manner as to be plainly audible at a distance of 50 feet from the property line of the building or structure, or the boundary of the vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3)
In the Downtown Entertainment Area:
a.
It shall be unlawful to play any radio, phonograph, television, electronic device, or any musical instrument or operate a sound-amplification device in such a manner as to unreasonably disturb the peace, quiet, comfort, and repose of neighboring inhabitants of ordinary sensibilities, or at any time louder than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such machine, instrument, or device is operated.
b.
Any such machine, instrument, speaker, or device being used inside of a building, structure, room, chamber, or other similarly defined area shall not in any way face or direct the sound toward any open entrance or exit, or any window or other similar opening in the building, structure, room, chamber, or other similarly defined area.
c.
The operation of any such machine, instrument, speaker, or device between the hours of 12:00 a.m. and 7:00 a.m. on weekdays and 2:00 a.m. and 7:00 a.m. on weekends in such a manner as to exceed the applicable sound level limit set forth in Chart 1 and as measured in section 42.03(2) and 42.04 shall be prima facie evidence of a violation of this section.
(Ord. of 8-10-2009, § 1, Doc. #0908101101; Ord. No. 2013-14, § 1, 9-16-2013; Ord. No. 2017-38, § 3, 10-23-2017, Doc. #1710231203)