It is the purpose of this chapter to protect, preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the City through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity.
1. “Emergency” means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
2. “Emergency work” means any work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons of property from an imminent danger.
3. “Emergency vehicle” means a motor vehicle used in response to a (public) calamity or to protect persons or property from imminent danger.
4. “Noise Sensitive Area” includes, but not limited to, a posted area where a school, hospital, nursing home, church, court, public library, or similar institution is located.
5. “Person” means any individual, firm, association, partnership, joint venture, or corporation.
6. “Public right-or-way” means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a government entity.
7. “Public space” means any real property or structures on real property, owned by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas.
8. “Residential area” means any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the City zoning ordinance.
9. “Weekday” means Monday commencing at 12:00 a.m. until Friday at 11:59 p.m.
10. “Weekend” means Saturday commencing at 12:00 a.m. until Sunday at 11:59 p.m.
11. “Zoning designations” means the residential, commercial and industrial categories of land use.
1. No person shall make, continue, or cause to be made or continued:
A. Any unreasonably loud or raucous noise.
B. Any noise which unreasonably disturbs, inures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the City of Boone.
C. Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.
2. Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:
A. The proximity of the sound to sleeping facilities, whether residential or commercial.
B. The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived.
C. The time of day or night the sound occurs.
D. The duration of the sound.
E. Whether the sound is recurrent, intermittent, or constant.
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