(A) Generally.
(1) It shall be unlawful for any person to willfully make or allow, or cause to be made or continued, any loud and raucous noise. Quieter standards are expected during nighttime hours.
(2) (a) For purposes of this section, LOUD AND RAUCOUS NOISE shall mean any sound that, because of its volume level, duration, and character annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of reasonable persons of ordinary sensibilities within the limits of the town.
(b) This term includes the types of noise generated by the activities enumerated in division (C) below, except as may be excluded in division (D) below. The term shall be limited to LOUD AND RAUCOUS NOISE heard in any occupied residential unit which is not the source of the noise, or upon the yard or driveway of such occupied residential unit, upon the public sidewalks and streets, school, or public building, or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, and in any event from a location not less that 50 feet from the source of the noise, measured in a straight line from the radio, loudspeaker, voice, or other noise source.
(B) Prohibited noise from a gathering of people.
(1) No person in possession and present in any premises shall make or cause, or allow to be made or allow to be continue, any loud and raucous noise resulting from a gathering of people. Quieter standards are expected during nighttime hours.
(2) (a) For purposes of division (B)(1) above, the term LOUD AND RAUCOUS NOISE resulting from a gathering of people shall mean any sound that, because of its volume level, duration, and character annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of reasonable persons or ordinary sensibilities within the limits of the town.
(b) The term includes the types of noise generated by the activities enumerated in division (C) below, except as provided in division (D) below. The term shall be limited to LOUD AND RAUCOUS NOISE heard in any occupied residential unit which is not the source of the noise, or upon the yard or driveway of such occupied residential unit, upon the public sidewalks of any streets, in any public park, in any school or public building, or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, and in any event from a location not less than 50 feet from the source of the noise, measured in a straight line from the radio, loudspeaker, voice, or other noise source.
(C) Activities. The following acts, subject to the exceptions in division (D) below, are declared to be public nuisances in violation of divisions (A) and (B) above:
(1) Radios, amplifiers, phonographs, and other devices for producing or reproducing sound. The using, operating, or permitting to be played, used, or operated any radio, amplifier, musical instrument, tape player, compact disc, compact tape, or phonograph, or other device for the producing or reproducing of sound in such manner as to cause loud and raucous noise.
(2) Yelling, shouting, and prolonged sounds by people. Yelling, shouting, whistling, or singing, or any prolonged sounds made by people, at any time or place so as to create a loud and raucous noise between the hours of 9:00 p.m. and 7:00 a.m. on any day of the week.
(D) Exceptions. The term LOUD AND RAUCOUS NOISE does not include noise or sound generated by the following:
(1) Cries for emergency assistance and warning calls;
(2) Radios, sirens, horns, and bells on police, fire, and other emergency response vehicles;
(3) Activities on or in municipal and school athletic facilities, and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent;
(4) Fire alarms and security alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm.
Penalty, see § 131.99