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.

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