§ 11-18. Excessive or unreasonable noise.

(a)

It shall be unlawful and a nuisance for any person to make an excessive or unreasonable noise by operating, playing, or permitting to be operated or played any radio, tape player, compact disc player, musical instrument, or other similar device, whether from a motor vehicle or by a pedestrian, in such a manner as to produce sound levels in excess of eighty-five (85) decibels, between the hours of 7:00 a.m. until 11:00 p.m. and in excess of sixty (60) decibels, between the hours of 11:00 p.m. and 7:00 a.m., as measured by a calibrated sound meter at a distance of more than five (5) feet outside the motor vehicle or more than ten (10) feet from the pedestrian;

(b)

It shall be unlawful and a nuisance for any person to make an excessive or unreasonable noise by operating, playing, or permitting to be operated or played any radio, tape player, compact disc player, television, musical instrument, or similar device which produces or reproduces sound in such manner as to produce sound levels in excess of seventy (70) decibels, on an eight-hour time weighted average, between the hours of 7:00 a.m. until 11:00 p.m. and in excess of fifty (50) decibels, on an eight-hour time weighted average, between the hours of 11:00 p.m. and 7:00 a.m., as measured by a calibrated sound meter, more than thirty (30) feet from such device, or at any property line if such device is operated or played within a structure or outdoors upon private property.

(c)

Nothing in this section shall be construed to prohibit performances by a school band or orchestra in a hall, building, or in open air; playing of music in conjunction with a public parade or festival; ringing of church bells or chimes by churches; the use of a radio, siren, or other equipment by police, fire, rescue, or other emergency or law enforcement personnel in the furtherance of their duties; or any event specifically authorized by the City of Tuscumbia.

(d)

Any person found guilty of violating the provisions of this section shall be punished as provided in section 1-8 of this Code.

(e)

This violation shall be included as a violation on the supreme court's extended schedule of fines appearing as Appendix B to Rule 20 of the Alabama Rules of Judicial Administration as provided by Rule 20 (C) of the Alabama Rules of Judicial Administration.

(Ord. No. A-131, § 1, 2-10-97; Ord. No. A-176, § 1, 2-29-2000; Ord. No. 07-0618A, § 1, 6-18-2007)

Editor's note

Ord. No. A-176, § 1, adopted Feb. 29, 2000, did not set out the fines listed in Appendix B to Rule 20 of the Alabama Rules of Judicial Administration.