(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 cause or permit the escape of sound from a residence or from the grounds of a residence that is audible at a distance greater than one hundred (100) feet from the property boundary or exceeds three (3) decibels above background level beyond the property boundary except in connection with the holding of a public assembly for which a permit or license has been issued by the City.[56.1]

The following activities shall be exempt from this prohibition:

(a) Construction during the hours between 7:00 a.m. and 8:00 p.m., Monday though Friday; and between 8:00 a.m. and 8:00 p.m., on weekends or legal, national or state holidays.

(b) The operation of lawn maintenance equipment during the hours between 8:00 a.m. and 8:00 p.m., so long as the equipment is functioning within manufactures’ specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition.

(6) For the purpose of enforcing the provisions of this Chapter, sound levels shall be measured with a Sound Level Meter that meets or exceeds the requirements of American National Standards Institute specifications for sound level meters (ANSI S1. 4-1971 or the latest revision thereof).[56.2]

(7) 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]

(8) 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]