The following noises are declared to be in violation of § 82.02 if generated between the hours of 10:00 p.m. and 6:00 a.m. and are prohibited between those hours. This enumeration shall not be construed to be an exclusive list of actions or noises that violate § 82.02 nor shall satisfying any requirements of this section render a sound in itself reasonable.
(A) Outdoor use of television sets, radios, music amplification and playing devices, and the like. The outdoor use, operation, or playing of any television set, radio, musical instrument, phonograph, sound amplifying device or other machine or device for the production or reproduction of sound.
(B) Indoor use of musical instruments, sound amplification, and the like. The indoor use, operation or playing of a musical instrument or sound amplifying device at such volume or in such manner as to be audible within another person's temporary or usual place of abode; provided, if the place of abode is within an apartment building or other multi-family housing structure, the sounds covered by this section originate within the same apartment building, and the owners and/or tenants of all apartments within the apartment building are members of a property owner's association, renter's association, or like organization, which has adopted rules governing noise within the apartment building, such rules will govern such sounds within the apartment building; provided further that such rules do not supersede or excuse any requirements of this chapter relative to noises originating from within the apartment building, but heard elsewhere. For this exemption to apply, said duly adopted rules must be on file with the Boone Police Department.
(C) Yelling, shouting, and the like. Yelling, shouting, whistling, or singing outdoors at a volume which is audible within another person's temporary or usual place of abode.
(D) Parties. Noise from parties or gatherings of people, including but not limited to the noise from many voices speaking at once, drunken conversation, yelling, shouting, singing, music, breaking glass, or fireworks, which is audible within another person's temporary or usual place of abode. For purposes of this paragraph, a “party” is considered any gathering of people, whether at a fixed location or otherwise, for social interaction.
(E) Fireworks. The use of fireworks or other noisemakers which produce sound audible within another person's temporary or usual place of abode, except as allowed pursuant to a valid pyrotechnics permit issued under applicable law.
(F) Vehicles. The prolonged idling or running of a motor vehicle for a period of time exceeding what is reasonably needed to “warm” a vehicle's engine before use, which is audible within another person's temporary or usual place of abode.
(G) Loading or unloading commercial vehicles; the deposit or disturbance of solid waste materials and recyclables. Noise made in connection with the loading or unloading of any commercial vehicle or the deposit, collection or disturbance of solid waste materials or recyclables, at a sound level audible within another person's temporary or usual place of abode.
(H) Construction activity. Noise resulting from construction activity audible within another person's temporary or usual place of abode, unless conducted by a governmental entity or its contractor and specifically authorized by the Boone Town Council following general notice to the public and a public hearing. For purposes of the notice required by this section and all subsequent sections, it shall be sufficient that the specific topic of the public hearing is included in the agenda of the meeting during which it is to take place and the agenda, with the item listed, is posted in advance of the meeting on the town's official website.
(Ord. passed 12-16-2019)