§ 16-184. Potential sources of noise disturbance.

The following sounds are hereby determined to be specific noises which can constitute a noise disturbance, and violations of hits section are hereby defined:

(1)

Radios, television sets, musical instruments and similar devices. Operating or permitting to be operated any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound in such a manner as to violate the sound levels as listed in section 16-183 or which unreasonably disturbs or interferes with the peace, comfort, or repose of neighboring persons of ordinary sensibilities.

(2)

Exterior loudspeakers. Operating or permitting to be operated any loudspeaker or sound amplifying equipment in a fixed or movable position mounted upon any vehicle in or upon any street, alley, sidewalk, park, place, public and/or private property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in such a manner as to violate the sound levels as listed in section 16-183 or which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities unless a permit of variance as outlined in section 16-187 is first obtained.

(3)

Enclosed places of public entertainment. Operating or permitting to be operated in any place of public entertainment any loudspeaker or other source of sound which produces, at a point that is normally occupied by the customer, maximum sound pressure levels of 100 dbA as read with the slow response on a sound level meter, unless a conspicuous and legible sign is posted near each public entrance stating: "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT." This provision shall not be construed to allow the operation of any loudspeaker or other source of sound in such a manner as to violate the sound levels as listed in section 16-183.

(4)

Motor vehicles.

a.

Exhaust system modifications. No person shall operate or cause to be operated any motor vehicle unless the vehicle is equipped with an exhaust system which includes a tail pipe or resonator where the original vehicle design included a tail pipe and resonator. Such exhaust system shall:

1.

Be equipped with a muffler which is in good working order (free of damage to the baffles contained in the muffler) and in constant operation; and

2.

Not be equipped with any cutout, bypass or similar device.

b.

Tires. It is unlawful for any person to operate a motor vehicle in such manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason, provided that sound resulting from emergency breaking to avoid imminent danger shall be exempt from this section.

c.

Off-highway motor vehicles. No person shall operate or permit to be operated any motorized vehicle off a public right-of-way in such a manner as to exceed the sound levels as listed in section 16-183 at the receiving property boundary.

(5)

Emergency signaling devices. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle or similar stationary emergency signaling device for more than five minutes during any consecutive 60-minute period or so as to violate the sound levels as listed in section 16-183, except for those exemptions outlined in section 16-216.

(Code 1982, § 18-5(f)(1), (2), (5), (7), (g); Ord. of 10-5-1953, § 2; Ord. No. 91-31, § 1, 8-19-1991; Ord. No. 95-6, § 1, 3-20-1995; Ord. No. 03-19, § 1, 7-7-2003; Ord. No. 05-45, § 1, 10-3-2005; Ord. No. 09-21, §§ 1, 2, 5-4-2009)