§10-404. Prohibited Conduct.
(1) No person shall discharge or allow the escape of
sounds or vibrations of a nature:
(a) which are prohibited by or are in
excess of that permitted by this Chapter or by the Regulations adopted
thereunder; or
(b) which result in or cause noise or excessive
vibration.
(c) which tend to cause discomfort, disruption or annoyance
to observers and participants during parades or other public events within the
City.
[53] (2) No person, excluding the
operator of a motor vehicle while such vehicle is being driven, shall operate a
radio, tape player or similar device, unless used in connection with an earplug
or earphones which will prevent the emanation of noise, or unless such radio,
tape player or similar device is used in connection with the holding of a public
assembly for which a permit or license has been issued by the City, in any
public area of the Center City commercial district, neighborhood commercial
districts or residential district during the times prescribed
below:
(a) in the Center City commercial district and neighborhood
commercial districts between the hours of 7:00 A.M. and 7:00
P.M.;
(b) in residential districts between the hours of 9:00 P.M. and
8:00 A.M.
[54] (3) No person shall
operate a radio, tape player or similar device, in any public area of the Center
City commercial district, neighborhood commercial districts or residential
district at a sound level which produces sound audible at a distance greater
than one hundred (100) feet from the location of such radio, tape player or
device unless such radio, tape player or similar device is used in connection
with the holding of a public assembly for which a permit or license has been
issued by the City.
[55] (4) No person
shall operate a radio, tape player or similar device, unless used in connection
with an earplug or earphones which will prevent the emanation of noise, or
unless such radio, tape player or similar device is used in connection with the
holding of a public assembly for which a permit or license has been issued by
the City, in any public area of the Center City commercial district,
neighborhood commercial districts or residential district at a sound level which
exceeds the decibel limits enumerated
below:
[56] (a) in the Center City
commercial district and neighborhood commercial districts, five (5) decibels
above background level at the location of such radio, tape player or
device;
(b) in residential districts, three (3) decibels above
background level at the location of such radio, tape player or
device.
The terms sound level, decibel and background level are defined
in Section 1 of the Regulations promulgated hereunder.
(5) No person
shall perform any acts or operations in violation of orders issued by the
Department pursuant to this Chapter and the Regulations adopted
hereunder.
[57] (6) Nothing in this
Chapter shall be construed as limiting the rights of any person to redress in a
court of law for any injury to persons or damage to property caused by noise or
excessive vibration.
[58]