Ordinance - #24-03 - 03/26/2024 - Laserfiche WebLink

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1 Sec. 30 5. Nuisances arrccting public r c Noise. 2 (a) Specific acts. The following are declared to be nuisances affecting public peace: 3 4 5 6 7 8 9 (1) The use or operation of a radio, musical instrument, phonograph, tape recorder or other machine or device used for production of reproduction of sound at a volume in the excess of that in which the same is being operated. (2) The operation between the hours of 10:00 p.m. and 7:00 a.m. of any radio, musical instrument, if the sound therefrom is audible from: 10 a. An apartment or hallway of a multifamily building adjacent to a unit where the device is 11 operating. 12 b. The property line of the real property on which the device is being operated. 13 c. A distance of 50 feet from any motor vehicle in which the device is operating. 14 (a) Noisy parties and gatherings. 15 (1) It is unlawful for any person to permit, or to be present at, or participate in a noisy party or 16 gathering of people from which noise emanates of sufficient volume or nature so as to 17 disturb the peace, quiet or comfort of another or interferes with the right of another to use 18 peacefully his/her property, whether on public or private property. It shall be presumed that 19 a violation of this section has occurred when any noise from a gathering is plainly audible, 20 at a distance of 50 feet or more, between the hours of 10:00 p.m. and 7:00 a.m. 21 (2) It is unlawful for any person, owning or possessing property upon which a party or 22 gathering prohibited herein is in progress, to fail to abate such noise upon an order of a 23 police officer. When a police officer has probable cause that a violation of this section is 24 occurring, the officer may order all persons present, other than the owner or person in 25 possession of the property, to disperse and leave the property immediately and failure of 26 any person, other than the owner or person in possession of the property, to refuse to leave 27 after being so ordered by the police officer shall be unlawful. 28 (b) Electronic sound system/audio equipment. 29 (1) No person shall use or operate any device, instrument, electronic sound system or audio 30 equipment including, but not limited to, any compact disc player, cassette tape player, AM- 31 FM radio, citizen band radio, paging system, or any other device designed to produce or 32 reproduce audio sound; in such an unreasonably loud manner that it disturbs the peace, 33 quiet, and comfort of others or interferes with the right of another to use peacefully his/her 34 property or public property without disturbance. 35 (2) It shall be presumed that a violation of this section has occurred when any electronic sound 36 system or audio equipment is operated in a manner in which it is plainly audible at a 37 distance of 50 feet or more. 38 39 40 41 (3) When sound violating this section is produced by an electronic sound system or audio equipment that is located in or on a vehicle, the vehicle's owner is guilty of the violation, provided that if the vehicle's owner is not present, the person in charge of the vehicle at the time of the violation is guilty of the violation. 42 (4) This section shall not apply to sound produced by the following: Page 9 of 17 Ordinance #24-03