(A) It shall be unlawful for any person within the town to use or operate any musical instrument, music player, stereo, television set, or other machine or device for the production or reproducing of sound at such a volume as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.
(B) It shall be unlawful for any person within the town to create any noise on any street, sidewalk, or public place adjacent to any church while the same is in use, which noise unreasonably interferes with the working of the institution, provided conspicuous signs are displayed in the streets, sidewalk or public place indicating the presence of a church.
(C) It shall be unlawful for any person within the town to keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by the person any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior, shall cause annoyance or discomfort to a reasonable person or normal sensitiveness.
(D) It shall be unlawful for any person within the town to operate any machinery, construction equipment, home repair equipment, equipment to repair, rebuild, or test motor vehicles, pump, fan, compressor, wrench, drill, hammer, air conditioning apparatus, or similar mechanical device, mobile or fixed, in any manner so as to create any noise as to disturb the peace, quiet, and comfort of neighboring residents between the hours of 10:00 p.m. of 1 day and 6:00 a.m. of the following day.
(E) Permits for bands or music at outdoor events.
(1) Any person desiring to have an outdoor event where a band or other music will be played must obtain approval from the Darlington Town Council at least 2 months prior to the event at a public meeting. Once the approval is accepted, a permit will be issued from the Town Clerk-Treasurer. The outdoor event is further defined as a gathering of an expected 25 or more people.
(2) The permit shall be at no cost to the permittee and shall be for 1 day and will require the band or music to cease by 10:00 p.m.
(3) Any violation of the permittee by allowing a band or music to play after 10:00 p.m. is punishable by $100 for every 5 minutes the band or music plays beyond 10:00 p.m. Every increment of 5 minutes beyond 10:00 p.m. that a band or music is played is considered a separate and distinct violation.
(4) Any outdoor event with a band or music held without a permit is a violation of this section and the penalty is $500. The person holding a non-permitted event with a band or music will also be subject to division (E)(3) penalties for any band or music played after 10:00 p.m.
(Ord. 6-18-2012, passed 6-18-2012; Am. Ord. 8-2022, passed 11-3-2022)
Cross-reference:
Disturbing the peace, see § 130.01