§ 50-350. Specific prohibitions.

Unless otherwise exempted in this division, or unless expressly allowed by special exception or other specific approval by the board of county commissioners or other county board or committee or official with specific authority to grant such approval, any of the following acts, or the causing or permitting thereof, shall be unlawful and a violation of this division:

(1)

Motor vehicles . The operation, or causing or permitting the operation, of a public or private motor vehicle, or combination of vehicles towed by a motor vehicle, that creates sound exceeding the sound level limits in the districts/areas provided in Table 1 when the vehicle(s) are not traveling on public streets, highways, driveways, parking lots and ways open to vehicle travel.

(2)

Radios, televisions, electronic audio equipment, musical instruments or similar devices .

a.

The use, operation or playing of any radio, television, phonograph, stereo set, tape player, CD player, electronic audio equipment, sound amplifier, musical instrument or similar device which produces or reproduces sound in a manner as to be plainly audible ten feet beyond the property line of the property where the source of the sound is located; or

b.

The use, operation or playing of any radio, television, phonograph, stereo set, tape player, CD player, electronic audio equipment, sound amplifier, musical instrument, or similar device which produces sound located on a public or private right-of-way or a public space in such a manner as to be plainly audible at a distance of 50 feet from the source of the sound.

(3)

Loudspeakers and public address systems . The operation, or causing or permitting the operation, of any loudspeaker, public address system or similar device, for any purpose, between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible ten feet beyond the property line of the property where the source of the sound is located, or, if the source of the sound is on a private or public right-of-way or public space at a distance of 50 from the source of the sound.

(4)

Animals . The owning, possessing, or harboring of an animal or bird that howls, barks, meows, squawks or makes any other sound that:

a.

Is plainly audible ten feet beyond the property line where the animal is located and the receiving property of the sound is in a residential zoning district or a rural agricultural zoning district that allows residential uses; and

1.

Is of frequent or continued duration for ten or more consecutive minutes; or

2.

Is intermittent for a period of 30 or more minutes.

It shall not be a violation of this division, however, for any animal or bird to give a sound of danger or warning under particular circumstances reasonably requiring the need for a warning.

(5)

Construction and demolition . The operation, or causing or permitting the operation, of any tools or equipment used in construction, building, excavation, grading, pile driving, pneumatic hammering, drilling, repair, alteration, demolition, or any other similar work, between the hours of 10:00 p.m. and 7:00 a.m. such that the sound therefrom is plainly audible ten feet beyond the property line of the property where the source of the sound is located, except for emergency work or other work approved by the county coordinator or his/her designee. This section shall not apply to the use of domestic power tools as provided below.

(6)

Emergency signaling devices .

a.

The intentional sounding, or causing or permitting the intentional sounding, outdoors of any vehicle horn, or any fire, burglar or civil defense alarm, siren or whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing as follows:

1.

Testing of a stationary emergency signaling device shall not occur between 10:00 p.m. and 7:00 a.m. the following day.

2.

Testing of a stationary emergency signaling device shall use only the minimum cycle test time, in no case to exceed 60 seconds.

3.

Testing of a complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall only occur on weekdays and not between the hours of 10:00 p.m. and 7:00 a.m., and shall be exempt from the time limit specified in subsection 50-350(6)(a)(i).

b.

No person shall permit the sounding of any exterior burglar or fire alarm unless such alarm is automatically terminated within 15 minutes of activation.

(7)

Domestic power tools . The operation, or causing or permitting the operation, of any portable mechanical, electrical, or gasoline motor-driven equipment, tool, or garden tool, outdoors between the hours of 10:00 p.m. and 7:00 a.m., such that the sound is plainly audible ten feet beyond the property line where the source of the sound is located and the receiving property of the sound is in a residential zoning district or a rural agricultural zoning district that allows residential uses.

(8)

Fixed equipment . The operation, or causing or permitting the operation, of any pump, air conditioning, air-handling, air compressor unit, power fan or blower, fixed electric motor or engine, or other continuously operating motorized equipment such that the sound is plainly audible ten feet beyond the property line where the source of the sound is located.

(Ord. No. 2015-09 , § 4, 12-8-2015)