(A) Except as otherwise provided in this section, it shall be unlawful for any person 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 town.
(B) Accordingly, the following acts, among others, are declared to be loud, disturbing, and unnecessary noises and in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) Horns; signaling devices. Unnecessary sounding of horns or signal devices 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 after or as brakes are being applied and declaration of the vehicle is intended or any such signal device of any unreasonably loud or harsh sound from any device for an unnecessary and unreasonable period of time;
(2) Radios, phonographs, boom boxes, and the like. The using, operating, or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in a manner so as to disturb the peace and quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which the machine or device is operated and who are voluntary listeners thereto; the operation of any such set, instrument, phonograph, machine, or device, so as to annoy or disturb the quiet, comfort, or repose of any persons in a manner so as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section;
(3) Hawkers, peddlers, advertisers, and the like. The use of sound trucks, loudspeakers, amplifiers or other instruments or devices for the purpose of making noise to attract attention to any performance, show, or sale or display of merchandise without the specified approval of the Town Council prior to that use; or
(4) Exhaust. The discharge into the open air of the exhaust of any steam engine, internal combustion engine, or any other type of engine or power unit on a motor boat, motor vehicle, motorcycle, or other vehicle or craft of any kind, except through a muffler or other device which will effectively reduce or prevent loud or explosive noises therefrom.
(1985 Code, § 365-10) (Ord. 94-6, passed 9-26-1994; Am. Ord. 97-2, passed 1-10-1997; Am. Ord. 04-13, passed 9-13-2004) Penalty, see § 10.99