§ 19-73. Radios, phonographs, etc.

(a)

Prohibitions. The following shall be deemed a violation of the provisions of this article:

(1)

The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntarily listeners thereto.

(2)

The operation of any such radio, musical instrument, phonograph, or other machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this article.

(b)

Waiver.

(1)

Provided, however, that the city council hereby finds and declares that it is in the best interests of the general public and welfare that subsection (a) be waived from time to time upon proper consideration of the facts and circumstances surrounding certain events to be held at public-use facilities.

(2)

The city council may waive the above provisions so as to permit the use, operation, or playing of any such radio receiving set, musical instrument, phonograph, or other machine or device for the production of sound at any fully enclosed, public-use facility during the hour from 11:00 p.m. to 12:00 a.m. (midnight); upon the application of any eligible organization or individual.

(3)

At such time as any individual or organization makes application for the use of a city-owned facility, the application shall specify whether such waiver is requested. As to any other public use facility, the application for a waiver may be made to the city clerk. At the next occurring regularly scheduled city council meeting, the city council shall consider the application and the relevant surrounding facts and circumstances and shall determine whether or not it is in the general public interest to grant the said one-hour waiver.

(4)

The relevant surrounding facts and circumstances upon which such determination shall be based shall include (but not be limited to) the following items:

a.

If an organization, the nature and purpose of the organization;

b.

The purpose of the function for which the waiver is requested; and

c.

The prior experience of the city in its contacts and dealings with the requesting individual or organization.

(Ord. No. 3193, § 1, 2-25-2002; Ord. No. 3387, § 1(19-73), 10-24-2005)