§ 14-134. Prohibited noise.

(a)

It shall be unlawful for any person to use, play or operate any sound device within the unincorporated areas of the county, or to create, assist in creating, permit, continue or permit the continuance of any noise generated by any sound device, in a manner or with such volume as to annoy, disturb or infringe upon the quiet, comfort and repose of any person within or on the premises of any dwelling, hotel, roominghouse or other such residential facility, or any hospital, nursing home or similar care facility.

(b)

For the purposes of this article, noise generated by any sound device between the hours of 10:00 p.m. and 7:00 a.m. in any area within 50 feet of the property line of any dwelling, apartment, hotel, roominghouse or other such residential facility, or hospital or nursing home or other similar care facility, and which noise results in distress, disturbance, discomfort or injury to a complaining person of ordinary sensibilities, shall be presumed to disturb the quiet, comfort and repose of persons within or on the premises of any dwelling, hotel, roominghouse or other such residential care facility or any hospital, nursing home or similar care facility, whether or not the complaining person is an occupant of such premises or facility.

(c)

It shall be unlawful for any person to use play or operate any sound device, at any time, within the unincorporated areas of the county, or to create, assist in creating, permit, continue or continue to permit the continuance of any noise generated by any sound device, in a manner or with such volume so as to unreasonably disturb persons of ordinary sensibilities in the vicinity thereof, or in such a manner as to create a public nuisance.

(d)

This article shall not apply to noise on construction sites, emergency signal devices, material handling by sanitation crews, licensed game hunting on property where same is allowed, refuse compacting vehicles, airport and airplane noise, and sounds emanating from governmental activities. Furthermore, this article shall not apply to the conduct of agricultural or farming activities, tree harvesting or clearing, lawn and yard maintenance activities, parades, carnivals, and public social events occurring between the hours of 7:00 a.m. and 10:00 p.m. of one day. Furthermore, this article is specifically not applicable to any lawfully established business or industry within the unincorporated areas of the county, whether such business or industry was established before or after the effective date of the ordinance from which this article is derived, except, however, business establishments where on-site consumption of alcoholic beverages occurs or is permitted.

(e)

The term "sound device" includes, but is not limited to, any device or machinery of any kind, but specifically internal combustion engines.

(Ord. No. 97-324, § 1, 6-10-1997; Ord. No. 99-375, 8-24-1999; Ord. No. 05-580, 9-27-2005)