(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DECIBEL (dB). A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure which is 20 micropascals (20) micronewtons per square meter.
MOTOR VEHICLE. Any automobile, van, motorcycle, motor-driven cycle, motor scooter, dune buggy, snowmobile, all terrain vehicle, go-cart, minibike, trail bike, trucks with gross vehicular weight of less than 8,000 pounds, and trucks with gross vehicle weight of more than 8,000 pounds.
NOISE LEVEL. The A-weighted sound level produced by a motor vehicle.
SOUND LEVEL METER. An instrument which includes a microphone, amplifier, RMS detector, integrator or time average, output meter and weighing networks used to measure sound pressure levels. Such instrument shall be used for measurement of the intensity of sound and calibrated in decibels as standardized by the American National Standards Institute (ANSI). Readings shall be made on a dB(A) scale.
WEIGHTED SOUND LEVEL. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dB(A).
(B) Noise limit.
(1) It shall be unlawful for any person to cause noise levels from the operation or use of motor vehicles in excess of 83 dB(A) in any area within the corporation limits of the town at any time. The noise level limit shall be measured at a distance of not less than 15 feet from the noise source.
(2) The town shall use the sound level meter that it owns to measure if a sound level exceeds that permitted by this section.
(C) Loud noises prohibited.
(1) Loud noises. No person shall make, continue, or cause to be made or continued any loud, raucous, improper, unreasonable, offensive or unusual noise which disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the town.
(2) Prohibited noises. The following acts, among others, are declared to be loud, raucous, or disturbing noises in violation of this section, but the enumeration shall not be deemed to be exclusive:
(a) The sounding of any horn or signaling device on any motor vehicle on any street or public place except as a danger warning; the creation by means of any signaling device of any unreasonably loud and raucous sound; and any signaling device for an unreasonable period of time. The use of any signaling device except one operated by hand, electricity or automatically when a vehicle is in reverse; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
(b) Using, operating, or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time louder volume than is necessary for convenient hearing for the person who is in the room, vehicle, or chamber in which the machine or device is operated and who is a voluntary listener. The operation of any set, instrument, phonograph, machine, or device, in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, person, or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(c) Using, operating, or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
(d) Yelling, hooting, whistling, or signaling on the public streets, at any time or place, so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, or other type of residence or of any person in the vicinity.
(e) The keeping of an animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity.
(f) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(g) The use of any motor vehicle so out of repair, so loaded, or in such a manner as to create loud or unnecessary engine, grating, grinding, rattling, or other noise.
(h) The operation of any motor vehicle in such a manner as to create excessive noise such as squealing of tires or other noise unrelated to engine noise or normal operation and noise created by unnecessary grinding, rattling, or other vehicle disrepair.
(i) The operation between the hours of 10:00 p.m. and 6:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
(j) The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes loud and raucous noise due to the explosion of operation gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.
(k) Any noise that exceeds a noise level of 83 dB(A) based on a distance from the noise source of not less than 15 feet or any noise that can be heard more than 50 feet from its source and is inherently obnoxious or patently offensive shall be prima facie evidence of a noise prohibited by division (B). Noise that creates less decibels than 83 dB(A) from 15 feet also constitutes noise prohibited by division (B) if the noise otherwise constitutes a prohibited noise stated at division (B). Further, there is not any decibel measurement requirement to prove the existence of a noise prohibited by division (B).
(3) No person shall keep an animal, other than a service animal lawfully used by a handicapped person to accommodate his or her handicap, which, by causing frequent or long-continued nosie that is audible 50 feet or more from its source when the animal is on public property or 50 feet or more outside of a private property line when the animal is on private property, and disturbs the comfort or repose of any other person.
(D) Exemptions. The following are exempted from the provisions of this section:
(1) Sounds emitted from authorized emergency vehicles.
(2) Lawn mowers, weed blowers, garden tractors, construction and repair equipment, go-carts and power tools, when properly muffled, between the hours of 6:00 a.m. and 10:00 p.m. only.
(3) Burglar alarms and other warning devices when properly installed, providing the cause for the alarm or warning device sound is investigated and turned off within a reasonable period of time.
(4) Parades, festivals, carnivals, fairs, celebrations, concert performances, band and drum corps performances, and artistic performances, as well as any rehearsals for same, and all other events authorized by the Town Council.
(5) Attendant noise connected with the actual performance of athletic or sporting events and practices related thereto.
(6) In the performance of work to prevent or alleviate physical or property damage threatened to cause by a public calamity or other emergency.
(7) The emission of sound for the purpose of alerting person to the existence of an emergency, or for the performance of emergency construction, repair, or other work.
(8) Sounds associated with the use of legal fireworks.
(9) Sounds associated with the normal conduct of legally established non-transient businesses, organizations, and governmental entities, when such sounds are customary, incidental, and within the normal range appropriate for such use.
(10) Rubbish collection utilizing any mechanical equipment.
(E) Permits. The Town Council shall have the authority to issue permits that allow alleviation from the requirements of division (B) for:
(1) Holidays, celebrations, concerns, parades or other special events, public or personal; or
(2) Persons who demonstrate that bringing the source of sound or activity for which the permit is sought and to compliance with the provisions of division (B) would constitute an unreasonable hardship on the applicants, the community, or other persons; and that the adverse impact of the health, safety and welfare of persons effected by the permit has been outweighed by the hardship. Permits may contain any conditions, including a time limit, that are necessary to limit the adverse impact of the activity.
(Ord. 2004-12, passed 4-26-04; Am. Ord. 2004-26, passed 11-8-04; Am. Ord. 2012-4, passed 4-9-12) Penalty, see § 92.99