The following acts, among others, are hereby declared to be loud and disturbing noises and a public nuisance in violation of § 93.01, but this enumeration shall not be deemed to be exclusive, namely:
(A) Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of this town, except as a danger warning; the creation of noise by means of a signaling device for any unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up;
(B) Yelling, shouting, hooting, whistling or singing. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to 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;
(C) Schools, courts, churches and hospitals. The creation of any noise on any street adjacent to any school, institute of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of the hospital, provided conspicuous signs are displayed in the streets indicating that the same is a school, hospital or court street; and
(D) Certain machine or devices regulated:
(1) Using, operating or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, chamber or place in which the machine or device is operated and who are voluntary listeners thereto, shall be deemed a violation.
(2) The operation of any such set, instrument, phonograph machine, radio or device in such a manner as to be plainly audible at a distance of 50 feet from the building structure, vehicle or unit or to project beyond property lines as to annoy neighboring residents shall be prima facie evidence of a violation of this section.
(3) (a) Applications for a permit for relief from the noise level designated in this section on the basis of undue hardship or for special activities may be made to the Town Manager or his or her duly authorized representative. Any permit granted by the Town Manager hereunder shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. This authorization may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood.
(b) Any permit issued pursuant to division (D)(3)(a) of this section shall be valid no longer than 1 year from the date it is issued.
(1997 Code, §§ 30-32, 30-33) (Ord. passed 5-13-1997; Ord. passed 9-14-1999) Penalty, see § 93.99