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operated under any permit granted by the City, public or privately -owned alleys and any privately -owned outdoor property that is open to the public for commercial or recreational • purposes. Instrument, machine or device means and refers to any musical instrument, radio, phonograph compact disc Laver, cassette tape plaver, amplifier or any other machine or device for producing, reproducing or amplification of sound. Sound generation means any conduct, activity or operation, whether human. mechanical electronic or other, and whether continuous, intermittent or sporadic and whether stationary or ambulatory in nature, which produces or results in an audible sound. 16-10. Sound levels —Downtown Business District a) In the Downtown Business District, it shall be unlawful for anv person to make, cause or continue any sound generation in such a manner as to unreasonably disturb the comfort, health, peace quiet, safety, or welfare of others, beginning at 10:00 p.m. each day Sunday through Thursday and ending at 6:00 a.m. the following day, and beginning at 12:01 a.m. Saturday and Sunday and ending at 6:00 a.m. the same day. (b) The following shall constitute prima facie evidence of a violation of section 16-10(a), above: (1) the use or operation of any instrument machine or device to cause a sound generation of 75 db(A) or more at a distance of 10 feet or more from the source • of the sound generation; (2) Credible testimony or other evidence of a sound generation which, to a person of normal hearing acuity, is plainly audible above the background noise level at a distance of 125 feet or more from the source of the sound generation. (c) The prohibitions set forth within this section shall not apply to any sound generation which occurs: (1) as part of a "community event," as that term is defined within City Code § 28- 29c•or (2) as part of a special event conducted in accordance with a valid permit issued by the City in accordance with the City's special events regulations: (3) as part of any emergency signal device such as a gong bell siren whistle or horn or any similar device for the purposes set forth within § 16-6; and (44) public and private transportation refuse collection and sanitation services. 16-11. Sound Level Measurement. (a) The decibel level of any noise regulated by this chapter may be measured by the use of a sound level meter which measures sound pressure levels. Such measurements shall be • accepted as prima facie evidence of the level of noise at issue in any court or legal proceeding Page 2 of 3