Sec. 16-19.
Unnecessary or excessive noise.
(a) It shall be unlawful for any
person to make, or to cause or allow to be made, upon any property in the county any
unnecessary or excessive noise or sound, whether vocally, mechanically, electronically or
otherwise, or of such a character, volume, duration or frequency as to disturb, injure or
endanger the quiet, comfort, repose, health, peace or safety of any person of ordinary
sensitivity.
(b) The following acts are
specifically declared to be in violation of this section, but such enumeration shall not
be deemed to be exclusive:
(1) Horns, signaling devices,
etc. The sounding of any horn or signaling device on any automobile, motorcycle,
bicycle or other vehicle on any street or public place in the county, except as a danger
warning; the creation by means of any signaling device of any unreasonable, loud or harsh
sound; and the sounding of any signaling device of an unnecessary or unreasonable period
of time.
(2) Radios, phonographs,
etc. Generally. Using, operating or permitting to be played, used or operated
any radio receiving set, tape recorder, musical instrument, phonograph or other electronic
or other machine or device for the production or reproducing of sound in such a manner or
of such volume as to disturb, injure or endanger the quiet, comfort, repose, health, peace
of safety of any other person who is not within the confines of the room, vehicle or
property in which such machine or device is operated and who is not a willing listener
thereto. The operation of any such device in such a manner that the resultant noise or
sound is audible at a distance of at least fifty feet (50') from the building, structure,
property or vehicle in which it is located shall be prima facie evidence of a violation of
this section.
(3) Production of sound from
radios, phonographs, etc., on streets. The using, operating or permitting the playing,
using or operating of any radio receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier or other electronic or other machine or device for the
producing or reproducing of sound upon the public streets or parking lots, unless the
resultant noise or sound shall be not clearly audible a greater distance than fifty feet
(50') distant from the vehicle or other enclosure in which it is contained or at least
fifty feet (50') from the source thereof if not contained within any vehicle or other
enclosure.
(4) Animals. The keeping of
any animal which shall be the source of any noise or sound of such character, volume,
duration or frequency as to disturb, injure or endanger the quiet, comfort, repose,
health, peace or safety of any other person of ordinary sensitivity.
(5) Exhaust discharges. The
discharge into open air of the exhaust of any steam or diesel engine, stationary internal
combustion engine, chain saw, power mower, motorboat or motor vehicle, except through a
muffler or other device which will effectively prevent any noise or sound of a character,
volume, duration or frequency which disturbs, injures or endangers the quiet, comfort,
repose, health, peace or safety of any other person of ordinary sensitivity.
(6) Defects in vehicle. The
use of any automobile, motorcycle or other vehicle so out of repair or loaded in such a
manner as to create loud and unnecessary grating, grinding, rattling or other noise or
sound of a character, volume, duration or frequency which disturbs, injures or endangers
the quiet, comfort, repose, health, peace of safety of any other person of ordinary
sensitivity.
(7) Shouting by peddlers,
hawkers, etc. The shouting and crying of peddlers, hawkers and vendors of a character,
volume, duration or frequency which disturbs, injures or endangers the quiet, comfort,
repose, health, peace or safety of any other person of ordinary sensitivity.
(8) Noise to attract attention
to performances, etc. The use of any drums or other musical instrument or device for
the purpose of attracting attention by creation of noise to any performance, show or sale.
(c) This section shall apply only
with respect to noise or sound received or heard in zoning districts in which residential
use is permitted, whether or not exclusively, under the provisions of the county zoning
ordinance and, notwithstanding any provisions of this section to the contrary, shall have
no application to fire, rescue, police, ambulance or other emergency vehicles or aircraft
or to any noise or sound created thereby or to any noise or sound created by any person to
sound a warning or call attention to a bona fide emergency. This section shall not apply
to noise or sound which customarily accompanies bona fide parades, sporting events, public
functions or public commemorative events nor to noise or sound which customarily
accompanies activities of churches and synagogues, not to activities conducted in any
gymnasium, arena, theater, amphitheater, swimming pool, stadium, rifle range, gun club or
any similar sporting facility, whether any such activity occurs indoors or outdoors,
except to the extent that any such parade, function, event or activity shall be prohibited
or limited, either expressly or by necessary implication, by the terms or conditions of
any required use permit issued in connection therewith, or to the extent that such parade,
function, event or activity shall be conducted without a use permit when such permit is
required by any provision of chapter 24.1 of this Code.
(d) Any person violating any of the
provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not exceeding five hundred dollars ($500.00), and
upon any subsequent conviction within a period of twelve (12) months, shall be punished by
a fine not to exceed five hundred dollars ($500.00) and imprisonment not to exceed ninety
(90) days. Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such. |