§ 54-93. Noise violations that do not require use of testing equipment.

A.

This Section, which shall be narrowly construed, applies notwithstanding other provisions in this Ordinance relating to Sound measured by Sound Level Meters.

B.

This Section applies only to noise affected sites classified as residential use in Section Six.

C.

Taking into account the time of day, day of the week, and the unmeasured Ambient Noise at the noise affected site, the following Noises are a violation of this Ordinance without use of testing equipment provided such Noise, based upon observation by listening by an enforcement officer and a complainant at the noise affected site, is clearly:

(1)

Unreasonably loud, raucous or jarring: (is clearly annoying or clearly disturbing to any individual of normal sensibilities at such site); or

(2)

A nuisance: (without reasonable justification is unreasonably interfering with the peace and quiet of any individual of normal sensibilities at such site).

D.

This Section applies when either (or both) above-listed Noise is emitted from a:

(1)

Domesticated animal, including dog, bird or fowl, which violations pursuant to this Section shall be enforced only by Domestic Animal Services or by the Sheriff's Office when testing equipment is not used. These noises can be enforced by Code Enforcement officers when noise testing equipment is used.

(2)

Vehicle (including motor vehicle) including the total volume of noise from the vehicle or from any part thereof including motor/engine, if any. This includes all vehicles for which any part of the vehicle's original manufacturer's exhaust system is modified or removed, and all vehicles that are out of repair and any vehicle related sound producing device that is out of repair. These noises are enforceable by the Sheriff's Office, but shall not be enforceable by Code Enforcement officers unless the location of the source of such noise is off road.

(3)

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, musical instrument, radio, TV, phonograph, speaker, loudspeaker, microphone, or other substantially similar device, including when a horn, siren, whistle, bell or similar device is sounded longer than necessary. These noises are enforceable by the Sheriff's Office, but shall not be enforceable by Code Enforcement officers unless the sound producing device is off road.

(4)

Exceptions; Lawful Business, Profession or Occupation. This Section does not apply to any lawful business, profession, or occupation provided any such above-listed class of Noise is typically emitted from that type of business, profession or occupation, and at that hour of the day and day of the week. This Section applies if such Noise is either not typical for such type business, profession or occupation, or is typical but is emitted at a time other than the normal hours of operation of that specific business, profession or occupation, at that location.

(Ord. No. 07-61, § 5; Ord. No. 2008-68, § 12)