(A) Except as otherwise provided in this section, it shall be unlawful for any person(s) to make, continue or cause to be made or continued any loud, unnecessary or unusual noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health and peace or safety of others within the city.
(B) Accordingly, the following acts, among others, are declared to be loud, disturbing and unnecessary noises and in violation of this section, but such enumeration shall not be deemed to be exclusive:
(1) Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle in any street or public place of the town, except as a danger warning. This shall not be construed to prevent trains from sounding warnings at all crossings;
(2) Radios, electronic sound devices. Playing, using or operating, or permitting to be played, used or operated, and radio or electronic sound device, musical instrument, music player, or any device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with volume exceeding 90 decibels (dB) at a distance of 50 feet from the building or vehicle in which such device is operated, except when a permit is granted for some special occasion. The operation of any such sound device between the hours of 11:00 p.m. and 7:00 a.m. at a volume exceeding 70 dB at a distance of 50 feet from the building or vehicle in which it is located shall be prima facie evidence of a violation of this division (B).
(3) Loudspeakers, amplifiers for advertising, playing, using or operating, or permitting to played, used or operated, any radio, television receiving set, CD or tape player, sound amplifier, musical instrument, loudspeaker or other machine or electronic equipment or device for producing or reproducing sound at any place on the public streets or in any vehicle used for the transportation of persons for hire as a common carrier, for the purpose of commercial or other kind of advertising, or attracting attention of the public to any activity or building or structure, which is used to disturb and annoy other persons in their businesses, homes and elsewhere in their right of personal privacy and quiet;
(4) Animals. The keeping of any animals or bird, which, by causing frequent or 1ong-continued noise, shall disturb the comfort and repose of any person in the vicinity;
(5) Exhausts. The discharge in to the open air of the exhaust of any steam engine, internal combustion engine or any other type of engine or power units on a motorcycle, motorboat, motor vehicle, truck or craft of any kind, except through a muffler or other device which will effectively reduce and prevent loud or explosive noises or fumes therefrom. Leaving a vehicle in a stationary position with the engine idling or running for any extended period of time, or between the hours of 10:00 p.m. and 6:00 a.m., so as to cause unnecessary noise, vibration and exhaust fumes to disturb the businesses in the community or people in residences, or to create a health hazard where exhaust fumes may be drawn into a structure placing inhabitants at risk, is expressly prohibited;
(6) Defect in vehicle or load. The use of any vehicle so out of repair, or so loaded, or in any such manner as to create a loud and unnecessary grating, grinding, rattling or other noises on public streets;
(7) Compacting and loading. The creation of loud and excessive noises in connection with the compacting, loading or unloading of equipment, trash, debris, construction materials, other than during normal work hours;
(8) Construction, alteration or repairing of building or land. The erection, excavating for demolition, alteration or repair of any building or structure or land for development other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and Saturday, or as daylight allows by season changes, except in case of urgent necessity in the interest of public health and safety, and then only when allowed by permission of the building and safety personnel of the town, in such case an emergency permit may be granted for a period of time not to exceed three days while the emergency continues. Such emergency time provision may be extended in three-day extensions if the emergency continues. If the public safety, building officials or town officials determine excavating and construction of any road or street, or work in by a public utility, is necessary to serve the public interest, permission may be granted to do such public projects at any hour so as to provide and protect the public safety and welfare. Private construction projects, may, upon request to Building Officials, be given permission to do construction at hours other than what is set forth above, if, it can be shown that little public nuisance will occur and that a 1oss or inconvenience will occur unless construction timetables can be met;
(9) Schools, churches, hospitals, public facilities and meetings. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or public meeting of the town, which unreasonably interferes with the operation thereof, provided that conspicuous signs are displayed on streets indicating that the same has been declared a school, hospital or other such quiet zone; and
(10) No person shall use and/or ignite any consumer fireworks inside the corporate boundaries of the town during times other than:
(a) Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8 and July 9;
(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(c) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(Ord. 95-2, passed 3-6-1995; Ord. 2013-11, passed 8-12-2013; Ord. 2021-07, passed 8-9-2021) Penalty, see § 92.99