(A) Any unreasonably loud, disturbing, unnecessary noise that causes material distress, discomfort or injury to two or more persons of two separate households in the immediate proximity of the noise, and provides two detailed, written and signed complaints shall constitute a violation of this section.
(B) Notwithstanding division (A), any municipal law enforcement officer who witnesses the noise to be unreasonably loud, disturbing and unnecessary, which causes material distress, discomfort or injury, may determine the noise to be a violation of this section.
(C) The following acts, among others, are prohibited by this section, but such enumerations shall not be deemed to be exclusive:
(1) Musical instruments. The playing of any radio, phonograph, jukebox or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence.
(2) Loudspeakers and amplifiers. The use of any stationary loudspeaker or amplifier of such intensity that annoys and disturbs persons in the immediate vicinity thereof; the use of any stationary loudspeaker or amplifier operated on any weekday between the hours of 10:00 p.m. and 7:00 a.m.
(3) Horns or other signal devices on vehicles. The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger or warning signal; the creation by means of any such signal device of any unreasonably loud or harsh sound for any unnecessary and unreasonable period of time.
(4) Operation of vehicles. The running of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, jarring or rattling noise or vibrations.
(5) Exhaust without mufflers. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(6) Devices operated by compressed air. The use of any mechanical device operated by compressed air, unless the noise to be created is effectively muffled and reduced.
(7) Construction work. Construction sounds (including excavation, demolition, alterations, civil, or repair work) must comply with all other prohibitions and rules in this section, with the following exceptions:
(a) Monday through Saturday, construction sounds are allowed from 7:00 a.m. to 8:00 p.m.
(b) On Sundays, construction sounds are allowed from noon until 8:00 p.m.
(c) Construction sounds are allowed at any time for emergency repairs to restore power and/or utility service, to protect life or property from water or other destructive forces, and to remove trees, limbs, debris, or vehicles from buildings, power lines, or roads, and for any other emergency work necessary to protect or preserve life or property.
(d) When exigent circumstances require that construction sounds take place outside of the hours set forth above, the person/entity responsible for construction may request a limited construction sound exception permit from the City of Easley Building Official or Police Chief (or his or her designee). Except in rare cases, this should be done at least seven calendar days in advance of the date or dates on which the permit is needed; however, the Police Chief may consider more urgent requests for exception permits in extreme circumstances.
(e) If an exception permit is issued, the person/entity is responsible for notifying nearby businesses, residents and/or property owners, in the manner and in the time frame as directed by City of Easley Building Official or Police Chief (or his or her designee).
(8) Near schools and hospitals. The creation of any excessive noise on any street adjacent to any school or institution of learning while the same is in session, or adjacent to any hospital, which unreasonably interferes with the working of such institutions, provided conspicuous signs are displayed in such manner indicating that the same is a school or hospital street.
(9) Loading and unloading vehicles, etc. The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle, or the opening and destruction of bales, boxes, crates and containers.
(10) Peddlers, hawkers, etc. The raucous shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood.
(11) Use of drums, etc., to attract attention. The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by the creation of noise, to any performance, show or sale of merchandise.
(12) Sounding of sirens, etc., on vehicles. The sounding of any siren, horn or other signal device on any automobile, ambulance, truck, motorcycle, bus or other vehicle in the city, except as a danger or warning signal to persons or animals using the streets, sidewalks and public thoroughfares.
(D) It shall be unlawful for any person to solicit business in the city by calling out through megaphones or otherwise, to persons passing or standing on the street, or to solicit or attract trade by methods commonly known as “ballyhooing” or “pulling in,” or by the use of any mechanical appliance creating a noise.
('90 Code, § 17-28) (Ord. passed 7-24-72; Am. Ord. 2003-15, passed 10-13-03; Am. Ord. 2020-11, passed 6-8-20) Penalty, see §
132.99