(A) Noise prohibited generally. Subject to the exceptions contained herein, no person shall make, continue or cause to be made any noise as prohibited herein or alternatively make, continue or cause to be made any noise exceeding the limitations established herein.
(B) Noise prohibited: motor vehicles, motorcycles.
(1) No person operating or occupying a motor vehicle on a street or highway shall amplify from within the motor vehicle the sound produced by a radio, tape player or other mechanical sound-making device or instrument used for entertainment, so that the sound is plainly audible at a distance of 25 feet or more from the motor vehicle.
(2) No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound dissipative device on a motor vehicle, motorcycle or motorboat operated within the city.
(3) No person shall operate, or permit the operation within the city of any motor vehicle, motorcycle or motorboat without factory installed mufflers or their equivalent; provided that if no factory installed or equivalent muffler was present at the time of manufacture of the motor vehicle, motorcycle or motorboat, then sound emanating from the motor vehicle, motorcycle or motor boat, shall be effectively muffled in a reasonable manner by equipment so constructed and used to muffle sound.
(4) No person shall use a muffler cutout, bypass or similar device upon any motor vehicle or motorcycle operated within the city.
(5) No person in actual physical control of a motor vehicle within the city shall use a dynamic braking system unless said use is necessary to prevent or avoid an accident that may cause property damage, injury or loss of life. This provision shall not apply to fire trucks or other emergency vehicles, or any school bus equipped with a dynamic braking system.
(C) Exemptions.
(1) The following are exempt from the provisions of this subchapter:
(a) Noise resulting from emergency or necessary maintenance work as performed by the city, or the United States of America or any of their political subdivisions, or public utility companies, including, but not limited to, any work of any kind on roads, streets, bridges, alleys, city-owned cemetery, rights-of-way or government owned property;
(b) Noise resulting from any emergency vehicle, when responding to an emergency call or acting in time of emergency, or during training exercises and maintenance, or from any school bus;
(c) Noise from any emergency signaling device;
(d) Noise from a burglar or fire alarm installed on any building, motor vehicle or other property so long as the alarm terminates its operation within five minutes of its activation; provided that it shall be deemed reasonable for an activated alarm to continue to operate if a crime or fire is in progress at or near the property and/or until law enforcement or other emergency personnel have responded to a legitimate call for assistance related in any way to the property at which the activated alarm is located;
(e) Noise from domestic power tools, landscaping and yard maintenance equipment, agricultural equipment and standby generator self-test verifier but only when operated between the hours of 6:00 a.m. and 10:00 p.m. during weekdays and weekends. Lawn mower racing is never deemed to be an exempt activity pursuant to the provisions of this subchapter;
(f) There are no restrictions against using generators to provide power when power has been interrupted to a home or homes, whether that interruption is due to a widespread power event, restricted to a local event (including, but not limited to, damage to the power supply to a home or homes) or is intentional related to maintenance, repair or other upgrades. However, generator self-tests may only occur during the hours specified in division (C)(1)(e) above;
(g) Noise from commercial or industrial power tools, landscaping and yard maintenance equipment, and agricultural equipment on a residential property or within 250 feet of a residential property line when operated on commercial or industrial property, between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and between the hours of 8:00 a.m. and 9:00 p.m. on weekends and legal holidays;
(h) Noise from church or chapel bells and chimes when used as part of any religious observance or service or for national celebrations or public holidays, and those bells and chimes that are presently installed and in use; provided said use is reasonable and for a church-related purpose;
(i) Noise generated during the normal course of business by any properly licensed commercial or industrial enterprise operating lawfully within an area properly zoned for said enterprise;
(j) Noise from construction, drilling, earthmoving, excavating or demolition activity provided all motorized equipment used in such activity is equipped with functioning mufflers;
(k) Noise from snow blowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal;
(l) Noise generated in situations within the jurisdiction of the Federal Occupational Safety and Health Administration;
(m) Noise generated from city-sponsored or approved celebrations or events, including, but not limited to, parades, outdoor concerts, festivals and athletic events;
(n) Noise generated from any school, higher education and community sponsored or approved celebrations or events, including, but not limited to, outdoor concerts or band festivals and outdoor athletic events and practices;
(o) Noise produced by a governmental body or employee thereof in the performance of any governmental function;
(p) Noise generated from athletic events or practices;
(q) Noise generated from airplanes, helicopters or other piloted vehicles arriving to or departing from the city’s Airport Authority and Davis Medical Center;
(r) Noise generated from railroads operating within the city;
(s) Noise generated from fireworks authorized by the city;
(t) Noise generated during events promoted by the County Convention and Visitors Bureau, Elkins Main Street and the Mountain State Forest Festival; and
(u) Noise generated during events promoted by Davis and Elkins College upon the college campus, or otherwise authorized by the city.
(2) For the purposes of the exemptions contained in divisions (C)(1)(a) and (C)(1)(m) above, all celebrations and events held during the annual Mountain State Forest Festival, or any college sanctioned events held upon the campus of Davis and Elkins College, or school and higher education approved shall be presumed to be “city-sponsored or approved”. County Convention and Visitors Bureau and Elkins Main Street events are also presumed to be “city-sponsored and approved” and are specifically exempt from the foregoing prohibitions. Any list of presumed city-sponsored or approved and school and high education approved celebrations and events listed under this division (C) is not intended to be exclusive.
(Ord. 210, passed 5-19-2016) Penalty, see § 91.999