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1. The playing, using use, operating operation of, or the <br />permitting to be played, used or operated, any radio <br />receiving set, musical instrument, phonograph, or other <br />device for producing or reproducing sound in such a <br />manner as to disturb the peace, quiet and comfort of the <br />neighboring inhabitants or at any time with louder volume <br />than is reasonably necessary for convenient hearing for <br />any persons in the structure or vehicle in which the device <br />is operated and who are voluntary listeners thereto. The <br />operation of any such device between the hours of 12:00 <br />midnight and 6:00 a.m. in such manner as to be plainly <br />audible at a distance of 50 feet from the structure or vehicle <br />in which it is located is prima facie evidence of a violation <br />of this section. <br />2. Yelling, shouting, hooting, whistling or singing, <br />particularly between the hours of 12:00 midnight to 6:00 <br />a.m. or at any time or place as to annoy or disturb the quiet, <br />comfort, or response of any persons in the vicinity. <br />3 C. City employees, city volunteers, city contractors, firefighters, <br />emergency and rescue personnel, and law enforcement officers <br />acting in the lawful performance of their duties are exempt from <br />the prohibition in section 9.34.010. <br />D. This section is not intended to infringe upon any right <br />guaranteed to any person by the first amendment to the United <br />States constitution or to prevent the expression of any <br />religious, political, or philosophical views. <br />Section 3. If any portion of this ordinance is held to be invalid for any reason, such <br />decision shall not affect the validity of the remaining portions of this ordinance. The City Council <br />hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact <br />that any one part be declared invalid. <br />Section 4. The repeal or modification of any provision of the Municipal Code of the <br />City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole <br />or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred <br />under such provision, and each provision shall be treated and held as still remaining in force for the <br />purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the <br />enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any <br />judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, <br />proceedings, or prosecutions. <br />Section 5. All other ordinances or portions thereof inconsistent or conflicting with this <br />ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. <br />5 <br />