For the purposes of this article, the following words and phrases shall mean:

(a)   Quiet hours - mean the hours between 10:00 p.m. and 7:00 a.m. on weekdays and between midnight and 8:00 a.m. on weekends and holidays. For the purpose of this article, Friday, Saturday, and Sunday shall comprise the weekend.

(b)   Person of normal sensitivity - means a person who is not unusually sensitive to noise.

(c)   Holiday - A day or period of days recognized by the Federal, State or Local Government during which operation may be limited.

(Ord. 929)

It shall be unlawful for any person to make, continue, or allow to be made or continued, any disturbing noise that:

(a)   Is plainly audible at a distance of 50 feet or more from the source of the noise, during quiet hours, and that is disturbing to a person of normal sensitivity.

(Ord. 929)

The following shall not be considered a disturbing noise for purposes of this article:

(a)   Sound from law enforcement motor vehicle and other Emergency Motor Vehicles including, but not limited to, snow-clearing equipment.

(b)   Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies or utilities engaged in preparing for or remedying a potentially hazardous situation.

(c)   Sound from vehicles or equipment, being used by or for the city, state, county, federal government, school or other governmental agencies or utilities engaged in a project that cannot reasonably be completed under the noise restrictions contained in these regulations.

(d)   Sound that a person or entity is making or causing to be made when said person or entity has received and maintains a valid license or permit, in writing, which specifically allows sound levels in excess of those set forth in this article from the City. When any such permits or licenses are issued, the City Clerk shall provide the City's law enforcement with copies of the same.

(Ord. 929)

(a)   Upon a first conviction for a violation of this article, the Court shall assess a fine of no less than fifty dollars ($50.00). Upon a second conviction, the Court shall assess a fine of no less than one hundred fifty dollars ($150.00). Upon a third or subsequent conviction, the Court shall assess a fine of no less than two hundred fifty dollars ($250.00). No prior conviction shall be considered in determining the penalty assessed if, on the date of the violation, twenty-four (24) months have elapsed since the date of last conviction under this article.

(Ord. 929)