It is found and declared that:
(a) The making and creation of loud, unnecessary or unusual noises within the limits of the city is a condition which has existed for some time and the extent and volume of such noises is increasing;
(b) The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and
(c) The necessity in the public interest for the provisions and prohibitions enacted and contained in this article is declared as a matter of legislative determination, and the public prohibitions enacted and contained in this article are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants
(Ord. 480; Code 2025)
The standards which shall be considered in determining whether a violation of this article exists shall include, but shall not be limited to, the following:
(a) The volume of the noise;
(b) The intensity of the noise;
(c) Whether the nature of the noise is usual or unusual;
(d) Whether the origin of the noise is natural or unnatural;
(e) The volume and intensity of the background noise, if any;
(f) The proximity of the noise to residences;
(g) The nature and zoning of the area within which the noise emanates;
(h) The density of the inhabitation of the area within which the noise emanates;
(i) The time of the day or night the noise occurs;
(j) The duration of the noise;
(k) Whether the noise is recurrent, intermittent or constant; and
(l) Whether the noise is produced by a commercial or noncommercial activity
(Ord. 480; Code 2025)
(a) Sound amplification system means any radio, tape player, compact disc player, CD, MP3, loud speaker, or other electronic device used for the amplification of sound.
(b) Plainly audible means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards shall be by the auditory senses, based on a direct line of sight. Words or phrases need not be discernible and bass reverberations are included.
(c) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operation of the sound amplification system, including:
(1) The system was being operated to request medical or vehicular assistance or to warn of hazardous road condition;
(2) The vehicle was an emergency or public safety vehicle;
(3) The vehicle was owned and operated by the City of Carbondale, or a gas, electric, communications or refuse company;
(4) The system was used to give instructions, directions, talks, addresses, lectures or transmitting music to any persons in compliance with ordinances of the City of Carbondale;
(5) The vehicle was used in authorized public activities such as parades, fireworks, sports events, musical productions and other activities which have the approval of the City of Carbondale.
(Ord. 480; Code 2025)
(a) It shall be unlawful for any person to make, continue or allow to be made or continued any excessive, unnecessary, unusual or loud noise which injures or endangers the comfort, repose, health, or safety of any person of reasonable sensibilities, or which interferes with the use or enjoyment of property of any person of reasonable sensibilities, unless the making and continuing of such noise is necessary for the protection and preservation of property or the health and safety of an individual; provided, that the provisions of this article shall not apply to such occasional and infrequent uses as authorized by resolution approved by the city council, upon a showing by an applicant and determination by the council that the proposed use does not offend the spirit of the findings of Ord. 477.
(b) The acts mentioned in the following sections of this article, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but such enumeration shall not be deemed to be exclusive.
(Ord. 480; Code 2025)
(a) The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonable loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time is unlawful.
(b) The use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up is unlawful.
(Ord. 480; Code 2025)
(a) The use or operation of any device capable of producing or amplifying sound in such manner as to disturb the peace, quiet and comfort of any person of reasonable sensibilities is unlawful.
(Ord. 480; Code 2025)
The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure is unlawful.
(Ord. 480; Code 2025)
For each and every calendar year in which any person, individual, partnership, corporation or association violates any of the provisions of this article, upon conviction, they shall be fined a minimum of $50.00 for the first violation, a minimum $200.00 for the second violation and a minimum of $500.00 for every violation thereafter or by a term of imprisonment not to exceed six months or by both such fine and imprisonment. Each day any violation is found to exist or continues to exist shall be a separate offense and punishable as such hereunder.
(Ord. 480; Code 2025)