§ 15-24.9. Noise violations that do not require use of testing equipment.

(1)

This section, which shall be narrowly construed, applies notwithstanding other provisions in this noise control ordinance relating to sound/noise measuring (decibel testing) equipment.

(2)

This section applies only to the following noise affected sites:

a.

Residential dwelling or unit: This includes single-family residences, duplexes, apartments, dwelling condominium units, mobile homes, house trailers, house boats or transient dwelling units, including hotel, motel, inn or similar residential use establishments;

b.

Nursing homes;

c.

Library in use;

d.

Public or private schools;

e.

Hospice; or

f.

Churches in use.

(3)

Taking into account the time of day, day of the week, and the unmeasured ambient noise at any above-listed noise affected site, the following noises are a violation of this noise control ordinance without use of testing equipment provided such noise, based upon being plainly audible by an enforcement officer and a complainant at the noise affected site, is clearly:

Unreasonably loud or jarring (is plainly audible to any individual of normal sensibilities at such site). "Unreasonably loud" means any sound or noise produced by any source, or reproduced by a radio, tape player, television, CD player, MP3 player, electronic audio equipment, musical instrument, sound amplifier or other mechanical or electronic soundmaking device, or nonamplified human voice that is plainly audible by a person using his/her normal hearing faculties, at a distance of one hundred fifty (150) feet or more from the real property line of the source of the sound or noise; or

(4)

This section applies when either (or both) section 15-24.9.3 listed noise is emitted from a:

a.

Domesticated animal, including, but not limited to dog, bird or fowl.

b.

Vehicle (including motor vehicle) noise applied to the total volume of noise from the vehicle or from any part thereof including, but not limited to, motor/engine, if any, and considering whether any part of the vehicle's exhaust system, if any, is modified or removed, or because the vehicle or any vehicle related sound producing device is out of repair.

c.

Sound producing device. These devices include every device designed to produce, reproduce or amplify sound, whether or not related to a vehicle, such as horn, siren, whistle, bell, a radio, tape player, television, CD player, electronic audio equipment, musical instrument, sound amplifier or other mechanical or electronic soundmaking device, or nonamplified human voice, including when a horn, siren, whistle, bell or similar device that is sounded for thirty (30) seconds or longer.

(Ord. No. 2010-24, § 1, 10-27-10)