§ 14-21. Loud, disturbing and unnecessary noise prohibited.

(a)

General. It is unlawful for any person to knowingly or recklessly make or cause to be made or continued, in the unincorporated limits of the county, any loud or unnecessary or offensive noise or any noise which may reasonably be anticipated to annoy, disturb, injure or endanger the comfort, slumber, peace, health or safety of any reasonable person or persons or normal sensitivity, whether due to volume or duration, or both.

(b)

Special prohibitions on use or operation of sound-generating electrical devices. The knowing or reckless use or operation of any sound production or reproduction device, radio, musical instrument, drums, phonograph, stereo, television set, CD player, video, recorder/player, loudspeaker or other similar device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, slumber, or comfort of any reasonable person of normal sensitivity is prohibited. The knowing or reckless use or operation of any sound production or reproduction device, radio or CD player producing sound in a motor vehicle in such a manner as to disturb or distract vehicle drivers of other vehicles is prohibited.

(c)

Prima facie evidence of violations. Any of the following shall constitute evidence of a prima facie violation of subsection (a) or (b) of this section:

(1)

Urban areas with lots less than one acre.

a.

The operation of any such sound production or reproduction device, radio, musical instrument, drum set, any music reproduction device, or any device, electronic or not, between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of ten feet beyond the property line where the source is located.

b.

The operation of any sound amplifier which is part of or connected to any radio, stereo receiver, any music reproduction device, or any device, electronic or not, when operated in such a manner as to be plainly audible at a distance of ten feet beyond the property line where the source is located, or when operated in such a manner as to cause a reasonable person to be aware of vibration accompanying the sound at a distance of ten feet beyond the property line where the source is located.

(2)

Suburban and rural areas with lots greater than one acre.

a.

The operation of any such sound production or reproduction device, radio, musical instrument, drum set, any music reproduction device, or any device, electronic or not, between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible 40 feet beyond the property line where the source is located.

b.

The operation of any sound amplifier which is part of or connected to any radio, stereo receiver, any music reproduction device or any device, electronic or not, when operated in such a manner as to be plainly audible 40 feet beyond the property line, or when operated in such a manner as to cause a reasonable person to be aware of vibration accompanying the sound 40 feet beyond the property line where the source is located.

(3)

Vehicles in the unincorporated areas of the county.

a.

The operation of any such sound production or reproduction device, radio, musical instrument, or any music reproduction device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of ten feet from the vehicle in which it is located.

b.

The operation of any sound amplifier which is part of or connected to any radio, stereo receiver, or any music reproduction device when operated in such a manner as to be plainly audible at a distance of ten feet from the vehicle that is the source, or when operated in such a manner as to cause a reasonable person to be aware of vibration accompanying the sound at a distance of ten feet from a vehicle.

(4)

Exemptions. The following are exempted from compliance with this article:

a.

Sounds generated from any government or emergency vehicle while engaged in necessary public business;

b.

Sounds generated from excavations or repairs of bridges, streets, highways or other publics works projects or by or on behalf of the city, county or state or at night, when the public welfare and convenience requires such work;

c.

Sounds resulting from reasonable use of construction vehicles, including delivery truck and cement trucks, equipment and tools necessary to construction activity, but only between the hours of 6:00 a.m. and sunset (this exemption does not pertain to the use of non-construction related sound production or reproduction devices, such as radios, stereos, loudspeakers or other similar devices);

d.

Sounds resulting from reasonable use of delivery vehicles, including mail and package delivery, milk trucks, and similar services;

e.

Sounds generated from the reasonable use of amplifiers(s) or loudspeaker(s) in the course of public addresses which are noncommercial in character, and in which amplifiers or loudspeaker(s) are not used in connection with any moving vehicle;

f.

A parade, special event or public assembly, up to the hour of 10:00 p.m.;

g.

Sounds from any emergency device, early warning system or civil defense device;

h.

A school or city sponsored sporting event or assembly, up to the hour of 10:00 p.m.;

i.

Sounds from equipment used to maintain landscaping on public or private property on a periodic basis, including lawnmowers, leaf blowers, edgers, hedge trimmers and similar types of equipment when used between 7:00 a.m. and sunset;

j.

Bells or chimes generated by nonprofit organizations such as churches, mosques and synagogues, between the hours of 10:00 a.m. and 6:00 p.m., so long as frequency is no more than once per hour for a duration of 30 seconds or less.

(5)

Enforcement and penalties.

a.

This article will be enforced by the county sheriff's office.

b.

Penalties for violation of this article shall be a Class II misdemeanor.

( Ord. No. 2015-05 , pt. II, 6-1-2015)