(A) The following acts, among others, are declared to be loud, unnecessary and disturbing noises in violation of this chapter, but such enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices and the like. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal, so as to create any unreasonably loud or harsh sound, or the sounding of such device for an unnecessary and unreasonable period of time, or the use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicles or equipment;
(2) Radios, CD players and the like. The using, operating or playing, or permitting to be played, used or operated, of any television set, radio receiving set, musical instrument, CD player or sound-amplifying device or other machine or device for the producing or reproducing the sound in such a manner or with such volume as to annoy or disturb the peace, quiet, comfort or repose of the neighboring inhabitants or of any person in any dwelling, motel, hotel or other type of residence. The operation of any such machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section except as provided in division (N) below;
(3) Loudspeakers, amplifiers and the like used for advertising. The using or operating, or permitting to be played, used or operated, of any radio receiving set, musical instrument, CD player loudspeaker, sound amplifier or other machine or device for the producing or reproducing oi 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;
(4) Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 9:30 p.m. and 7:00 a.m., or at any time or any place in such manner as to annoy or disturb the peace, quiet, comfort or repose of the neighboring inhabitants or of any persons in any office, or in any dwelling, motel, hotel or other type of residence, or of any persons in the vicinity;
(5) Animals, birds and the like. The keeping of any animal or bird which, by causing frequent or long continued noise, disturbs the comfort and repose of any person in the vicinity;
(6) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise;
(7) Loading or unloading or opening boxes and the like. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, crates and containers;
(8) Noises near schools and churches. The creation of any excessive noise on any street adjacent to any school, institution of learning or church while the same is in use, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys; provided that, conspicuous signs are displayed indicating that the same are schools or churches;
(9) Hawkers and peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood;
(10) Noises to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, sale or place of business;
(11) Raucous parties. Any party or assembly of persons in residential units or commercial establishment producing loud and raucous noise after 9:30 p.m. that tends to disturb the comfort, quiet or repose of persons in residential units or on other residential premises. The person in possession of the premises where such a party or assembly of persons takes place shall be deemed responsible for the emission of loud and raucous noises under this division (A)(11);
(12) Construction noise. Including, but not limited to, hammering, power saws, heavy equipment, delivery trucks, other construction vehicles or equipment associated with a construction site before 7:00 a.m. or after 8:00 p.m.; provided, however, that, in his or her discretion and based upon the location and degree of noise, the Town Manager may grant a special permit for work to be performed on a commercial establishment between 8:00 p.m. and 7:00 a.m.; and
(13) Firing or discharging of guns, crackers and the like. The firing of guns, squibs, crackers, gunpowder or other combustible substance in the streets or elsewhere for the purpose of making noise or disturbance.
(B) A special permit may be issued by the town. This permit will only be for the hours between 9:30 p.m. and 11:00 p.m. on Friday and/or Saturday night. The permit will be limited to a maximum of two days and limited to the C-1 and C-1P Zoning Districts. Individual businesses or organizations will be allowed to secure no more than eight permits for each business organizations in a calendar year. Cost of the permit will be as established by the town’s Fee Schedule.
(Prior Code, § 93.02) (Ord. passed 8-10-1998; Ord. passed 12-11-2000; Ord. passed 9-8-2003) Penalty, see § 93.99