§ 9-2-3. GENERAL RESTRICTIONS.

(A)

A person may not:

(1)

use or permit the use of sound equipment at a business in excess of the decibel limits prescribed by this chapter;

(2)

make noise or play a musical instrument audible to an adjacent business or residence between 10:30 p.m. and 7:00 a.m.;

(3)

operate a machine that separates, gathers, grades, loads, or unloads sand, rock, or gravel within 600 feet of a residence, church, hospital, hotel, or motel between 7:00 p.m. and 6:00 a.m., except for the installation of concrete as authorized under Section 9-2-21 ( Permit for Concrete Installation During Non-Peak Hour Periods );

(4)

use or authorize or allow the use of a vehicle, equipment, attachment, or device associated with a vehicle, for cold hold, refrigeration, or freezing of any consumable food or beverage product, including water in any form such as consumer ice or ice used to refrigerate food or beverage, between 7 p.m. and 6 a.m. if noise or sound originating from the vehicle or any associated equipment (such as an engine or generator, equipment, attachment, trailer or device) is audible or causes vibration at a residence;

(5)

operate sound equipment in a vehicle audible or causing a vibration 30 feet from the equipment; or

(6)

operate sound equipment in a watercraft audible or causing a vibration 100 feet from the equipment.

(B)

It is an affirmative defense to a violation of this section that:

(1)

the audible sound or vibration occurred when the vehicle or associated equipment or device was being actively loaded, unloaded, or serviced in a manner that complied with all applicable codes, ordinances, and regulations;

(2)

the audible sound or vibration:

(a)

occurred when the use of the vehicle or associated equipment or device occurred for a period of 48 hours or less on or adjacent to the premises of a business licensed by the health authority to prepare, serve, or sell consumable food or beverage items; and

(b)

that the use was the minimum necessary for the licensee to achieve or maintain temporary cold hold, refrigeration, or freezing of potential hazardous food products because of a documented emergency at the licensed premises, such as an equipment or utility failure or malfunction that prevented or compromised the compliant operation of equipment necessary for food safety; or

(3)

at least 48 hours in advance of the alleged conduct:

(a)

the person charged obtained consent to the noise or vibration, as described in this chapter, from at least one adult resident of each affected dwelling unit located on a property within 600 feet of the location where vibration or sound was apparent; and

(b)

the consent was provided in writing, on a form approved by the City.

(C)

The City Manager may authorize a department to adopt rules under § 1-2 ( Adoption of Rules ) to implement, administer, enforce, or comply with Chapter 9-2.

(D)

Violation of Chapter 9-2 or any rule adopted under § 1-2 pursuant to Chapter 9-2 is a violation of City Code, chargeable as a Class C misdemeanor by a fine upon conviction not to exceed $500. Proof of a culpable mental state is expressly waived.

Source: 1992 Code Section 10-5-3; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-036; Ord. 20091105-026; Ord. 20110609-039; Ord. 20111215-055.