(A) Unnecessary noise. In order to maintain peace and quiet at all times, and to keep the residents of the town free from disturbance by loud noises, it shall be unlawful for any person to create or assist in creating, permit, continue or continue to permit any unreasonably loud, disturbing and unnecessary noise, sound or utterance of a character, intensity or duration as to be detrimental to the peace, repose or health of any individual in the town.
(B) Noises expressly prohibited.
(1) The sounding of any horn, gong, siren or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion, only as a danger signal, the creation, by means of any such signal device, of any unreasonably loud and harsh sound, and the sounding of the device for an unnecessary and unreasonable period except upon any police, fire or other emergency vehicle.
(2) The keeping of any animal, including but not limited to dogs, cats and/or birds, which habitually and regularly barks, howls, whines, cries, or mews in an excessive manner (
EXCESSIVE
to be defined as one or more times per minute, each minute, during any one or more continuous ten-minute period) so as to result in the documented annoyance to neighboring residents and which interferes with the reasonable use and enjoyment of the premises occupied by such residents.
(3) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in a manner so as to create loud or unnecessary grating, grinding, rattling or other noise.
(4) The blowing of any steam whistle attached to any stationary boiler, except to give notice of time to begin work or stop work or as a warning of danger.
(5) The discharge into the open air of the exhaust of any steam engines, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(6) The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced.
(7) The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, 8:00 a.m. and 6:00 p.m. on Saturdays and 1:00 p.m. and 5:00 p.m. on Sundays for which building permits have been issued or operations not requiring permits, provided all equipment is operated according to manufacturer’s specifications and with all standard equipment manufacturers’s mufflers and noise reducing equipment in use and in proper operating condition.
(8) The creation of any excessive noise on any street adjacent to any school, institution of learning, library, church, sanitarium or court while same is in session, or adjacent to any hospital, which unreasonably interferes with the working of the institution.
(9) The creation of loud and excessive noise in connection with loading or unloading any vehicle, or by opening and destruction of boxes, bales, crates and containers.
(10) The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of any persons in the vicinity thereof, excluding churches using bells and/or for the purpose of calling to service and the local government using chimes and carillon for its clock.
(11) The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet or repose of persons in the vicinity thereof.
(12) The use of any drum, loud speaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, lecture or public speaking or to any sale, display or advertisement of merchandise, except by specific permit granted by the Town Manager or his or her designee.
(13) The use of any mechanical loud speakers or amplifiers affixed to any vehicle, buildings or other structure or property for advertising or for other purposes except by specific permit granted by the Town Manager or his or her designee.
(14) The firing of any squibs, fire crackers, gun powder or other combustible material in the streets or elsewhere for the purpose of making noise or disturbance except by specific permit granted by the Town Manager or his or her designee.
(15) The conducting, operating or maintaining of any garage or filling station in any residential district or business district so as to cause loud or offensive noises to be emitted therefrom between the hours of 9:00 p.m. and 7:00 a.m.
(C) General entertainment.
(1) The use or operation of any musical instrument, phonograph, radio, loudspeaker or any other instrument or sound amplifying device so loudly as to disturb persons in the vicinity thereof shall be unlawful; however, upon application to the Chief of Police or his or her designee, permits may be granted to responsible entities to produce programs in music, speeches or general entertainment. The following guidelines shall be used when a permit is issued.
(a) A maximum of 80 db(A) will be allowed between the hours of 6:00 p.m. and 9:00 p.m. on Mondays through Thursdays, 6:00 p.m. and 11:00 p.m. on Fridays and 2:00 p.m. and 11:00 p.m. on Saturdays, and 1:00 p.m. through 6:00 p.m. on Sundays.
(b) The permit shall be limited to the days and times listed above.
(c) Applications for permits may be obtained at the Town Police Department, Town Hall or online. Applications must be received at least one week prior to the event to be permitted. The permit holder shall agree to cooperate with the Police Department in enforcing the noise control ordinance by being available at the site of the event during the entire time for which a permit has been issued and capable of assisting the police in enforcing the noise control ordinance. Failure of the permit holder to be present or to assist the police in complying with this section will be cause for revocation of the permit.
(d) Measurements will be made at a minimum distance of ten feet from the property line of the property from which the noise is emanating, measurement will be made using an A-weighted decibel meter at peak level over a 30-second period of time.
(e) If upon receipt of a complaint the Chief of Police or his or her designee determines that the manner of use or operation of the sound amplifying device is in violation, a written warning shall be issued. Following issuance of the permit, the permit holder is allowed to receive two written warnings. After these two such warnings, state uniform citation shall be issued to the permit holder and the permit shall be revoked.
(2) Upon the issuance of a state uniform citation, the Chief of Police or his or her designee will revoke the permit issued to the offending party. The revocation of the permit shall be for a period of 12 months, subject to the following appeals process.
(D) Revocation of permit and appeal.
(1) All appeals must be filed in writing within ten days of revocation of a permit and submitted to the Chief of Police. The decision of the Chief of Police shall be returned in writing no later than ten days after receiving the appeal.
(2) A final appeal may be filed with the Town Clerk to be heard by the Board of Aldermen at the next regularly scheduled Board meeting.
(3) The decision of the Board of Aldermen shall be final.
(4) Upon its decision, the Board of Aldermen may either ratify the decision of the Chief of Police or issue a probationary permit for a period of six months.
(5) After successful completion of the probation period, the permit holder may reapply for a new permit.
(6) Any violation occurring during the probationary period shall result in the issuance of a state uniform citation and the revocation of the permit for a period of 12 months.
(7) No appeals may be filed for a second offense revocation.
(E) Exemptions. The following are exempted from the regulations set forth in divisions (B) and (C) above:
(1) Noises or sounds emanating from scheduled outdoor athletic events;
(2) Noises or sounds of safety signals, warning devices, church or school bells. For purposes of this division, the term SCHOOL AND CHURCH BELLS shall include electronic devices or artificial sound reproduction systems intended to sound like bells;
(3) Noises or sounds emanating from any authorized emergency or public safety vehicle; and
(4) Noises or sounds emanating from parades, street fairs, festivals or similar events which are conducted or sponsored by the town.
(Prior Code, § K-II-2) (Ord. passed 6-11-1985; Ord. passed 3-14-2000; Ord. passed 10-8-2013; Ord. passed 6-10-2014) Penalty, see § 91.99