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No person shall make or cause to be made any noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes his or her enjoyment of property or affects his or her property’s value. This general prohibition is not limited by the specific restrictions listed in the following sections.
(Prior Code, § 73.02) Penalty, see § 95.99
(A) Restrictions generally. The following specific acts are declared to be unlawful:
(1) Radios, televisions, musical instruments, tape or record players, amplifiers and similar devices. Operating or permitting the use or operation of any such devices between the hours of 10:00 p.m. and 7:00 a.m. in such a manner so as to be plainly audible across property boundaries or through partitions common to two or more persons within a building;
(2) Domestic power tools. Operating or permitting the use or operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, lawn mower, snow blower or similar device used outdoors between the hours of 10:00 p.m. and 7:00 a.m. in such a manner that will disturb or annoy any reasonable person nearby;
(3) Construction. Operating or permitting the operation of any tools or equipment in construction, drilling or demolition between the hours of 10:00 p.m. and 7:00 a.m. in such a manner that will disturb or annoy any reasonable person nearby;
(4) Horns, signaling devices. Operating a horn or other audible signaling device on any motor vehicle except in an emergency or when required by law;
(5) Participation in noisy parties or gatherings. Participation in any party or gathering between the hours of 10:00 p.m. and 7:00 a.m. giving rise to noise that is plainly audible across property boundaries or between partitions common to two or more persons within a building;
(6) Animals. Harboring or keeping any animal which is causing frequent or long-continued noise which shall disturb or annoy any reasonable person nearby;
(7) Schools, courts, churches and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which reasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in or near such streets indicating that the same is a school, hospital or court street;
(8) Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m and 7:00 a.m. or 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, hotel or other type of residence, or of any persons in the vicinity; and
(9) Loudspeakers, amplifiers and the like for advertising or attention-getting. The 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, or attracting the attention of a singular person.
(Prior Code, § 73.03)
(B) Additional restrictions for burglar alarms. Burglar alarms on light motor vehicles shall only be of the electronic signaling type which transmits a non-audible signal to a receiver which can be carried by the owner or operator of the vehicle.
(Prior Code, § 63.04)
Penalty, see § 95.99
(A) It shall be unlawful for any person to cause the sound pressure level to exceed the limits below at any point on the boundary of the property where the person is located.
(B) (1) If the person is located within a residential zone, 55 dBA between the hours of 10:00 p.m. and 7:00 a.m. The octave-band breakdowns of the dBA limits used in this division (B)(1) shall be:
Octave-Band Center Frequency (Hz) Maximum Boundary SPL (dB)
| |
31.5 | 72 |
1,000 | 45 |
2,000 | 39 |
4,000 | 34 |
8,000 | 32 |
(2) If the person is located within a commercial zone, 64 dBA at all times. The octave-band breakdowns of the dBA limits used in this division (B)(2) shall be:
Octave-Band Center Frequency (Hz) Maximum Boundary SPL (dB)
| |
31.5 | 79 |
1,000 | 55 |
2,000 | 50 |
4,000 | 46 |
8,000 | 43 |
(3) If the property boundary lies between the two zones, the lower limit shall apply regardless of the zone in which the person creating the noise is located.
(C) In addition to the above, no person within a residential or a commercial zone shall make or cause to be made any earth-shaking vibrations perceptible without the aid of instruments beyond the property boundary of the vibration source. No person within an industrial zone shall make or cause to be made any earth-shaking vibrations perceptible without the aid of instruments beyond the zone boundary of the zone in which the vibration source is located.
(Prior Code, § 73.05) Penalty, see § 95.99
(A) Generally.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A-WEIGHTED SOUND LEVEL. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
HEAVY MOTOR VEHICLE. Any motorized vehicle with a gross vehicular weight of more than 8,000 pounds.
LIGHT MOTOR VEHICLE. Any automobile, van, motorcycle, motor-driven cycle, motor scooter or light truck with a gross vehicular weight of less than 8,000 pounds.
MODIFIED EXHAUST SYSTEM. An exhaust system in which:
1. The original noise abatement devices have been physically altered, causing them to be less effective in reducing noise;
2. The original noise abatement devices have been either removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices; or
3. Devices have been added to the original noise abatement devices such that noise levels are increased.
NOISE. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE LEVEL. The A-weighted sound level produced by a light motor vehicle.
PERSON. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.
SOUND LEVEL METER. An instrument, which includes a microphone, amplifier, RMS detector, integrator or time average or output meter, and weighing networks used to measure sound pressure levels. The instrument shall comply with the standards for Type 1 or Type 2 sound level meters as specified in ANSI S1.4-1971 or its successor.
SOUND PRESSURE LEVEL. Twenty times the logarithm to the base 10 of the ration of the RMS sound pressure to the reference pressure of 20 micropascals. The SOUND PRESSURE LEVEL is expressed in decibels.
(2) Terminology. All terminology used in this section not defined in division (A)(1) above shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
(Prior Code, § 63.01)
(B) Noise limit. It shall be unlawful for any person to cause noise levels from the operation of a light motor vehicle in excess of 80 dBA and from a heavy motor vehicle in excess of 95 dBA in any area within the corporate limits of the town. Measurement shall be made on pedestrian walkways or on other suitable locations at a point closest to the street in accordance with procedures outlined in the Code of Recommended Practices on file with the Clerk-Treasurer.
(Prior Code, § 63.02)
(C) Excessive noise.
(1) Generally. In addition to the prohibitions provided for in division (B) above, it shall be unlawful for any person to operate a motor vehicle which causes excessive noise levels as a result of a defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving or tire squeal.
(2) Testing. At the request of the operator of the light motor vehicle, the officer can administer a stationary motor vehicle noise test as outlined in the Code of Recommended Practices on file with the Clerk-Treasurer. The stationary motor vehicle noise test can provide information as to the extent of defectiveness of the exhaust system or as to whether excessive noise levels were cause by improper operation of the light motor vehicle.
(Prior Code, § 63.03)
Penalty, see § 95.99
(A) The office of the Clerk-Treasurer shall have the authority to issue permits for:
(1) Holidays, celebrations, concerts, 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 into compliance with the provisions of this chapter would constitute an unreasonable hardship on the applicant, the community or other persons and that the adverse impact on the health, safety and welfare of persons affected by the permit has been outweighed by such hardship. Permits may contain any conditions (including a time limit) that are necessary in order to limit the adverse impact of the activity.
(B) Noncompliance with any condition of the permit shall terminate it and subject the person holding it to the provisions of this chapter.
(Prior Code, § 73.07) Penalty, see § 95.99
The Town Council shall issue guidelines defining the procedures to be followed in applying for a permit and the specific criteria to be considered in deciding whether to issue a permit. The Town Council shall also determine fees for such permits to be issued.
(Prior Code, § 73.08)
(A) The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of work to prevent or alleviate physical or property damage threatened or caused by a public calamity or other emergency.
(B) Furthermore, the provisions of this chapter shall not apply to any procession in honor of any extracurricular team sponsored by the town’s public schools commencing as soon as reasonably possible after any sectional, regional, semi-state or state championship contest.
(Prior Code, § 73.06) (Ord. 7-2015, passed 6-22-2015)
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