§ 11-31. Loud and unseemly noise.

(a)

It shall be unlawful for any person to willfully disturb any neighborhood or business in the city by making or continuing loud or unseemly noises, or by profanely cursing and swearing, or using obscene language. It shall further be unlawful for any person to willfully disturb any neighborhood or business within the city by the use of words which threaten or tend to threaten or incite physical violence, or which endanger or tend to endanger the health and safety of others within the city.

(b)

The use of horns, radios, phonographs, loudspeakers, amplifiers, whistles, exhausts, pile drivers, blowers or other devices not enumerated here but which cause loud or irritating noises which are plainly audible from a distance of fifty (50) feet from its source shall be considered prima facie evidence of a violation of subsection (a) unless such device was used as a danger warning or in some similar emergency or a permit granted by the chief of police for same.

(c)

The loud playing of radios, phonographs, tape decks, amplifiers, and loudspeakers, and other sound devices in any public park or in any other outdoor public place, including from vehicles, the sound and/or noise of which is substantially audible to a distance of fifty (50) feet or more, shall be prima facie evidence of a violation of subsection (a).

(d)

There shall be no violation under subsection (c) for special events provided a permit is first obtained from the chief of police. (ref. City Code 16-61)

(e)

Penalty. Any person(s) violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned as set out in section 6-8 of City Code.

(Ord. No. 095-1006, 5-9-95)