(A) It shall be unlawful for any person, firm or corporation to create or assist in creating any unreasonably loud, disturbing and unnecessary noise beyond the boundaries of his or her property or onto the property of another within the town. Noise of a character, intensity and duration as to be detrimental to the public health, welfare and peace is hereby prohibited.
(B) In determining whether a noise is unreasonably loud, disturbing and unnecessary, the following factors incident to the noise are to be considered: time of day; proximity to residential structures; whether the noise is recurrent, intermittent or constant; the volume and intensity; whether the noise has been enhanced in volume or range by any type of mechanical means; the nature and zoning of the area; whether the noise is related to the normal operation of a business or other labor activity or is the result of some use for individual purposes; whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal, so as to create any unreasonable loud or harsh sound, or the sounding of the device for any unnecessary and unreasonable period of time;
(2) The keeping of any animal or bird, which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity;
(3) The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in any manner as to create loud or unnecessary grating, rattling or other noise;
(4) The conducting, operating or maintaining of any garage or service station in any residential area so as to cause loud or offensive noises to be emitted therefrom between the hours of 10:00 p.m. and 7:00 a.m.;
(5) 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., except in the case of urgent necessity in the interest of public safety and then only with a permit from the Town Manager and the Zoning Administrator, which permit may be renewed for a period of 3 days or less while the emergency construction continues;
(6) The shouting and crying of peddlers, barkers, hawkers and vendors which disturb the quiet and peace of the neighborhood;
(7) Noises as referenced in the land development code adopted in Chapter 151; and
(Ord. O-00-10, passed 8-14-2000)
(8) The playing of any radio, television set, record player, musical instrument or sound-producing or sound-amplifying device in such a manner or with such a volume, particularly but not limited to the hours between 11:00 p.m. and 7:00 a.m., such that a responsibly prudent person would recognize as likely to unreasonably disturb persons in the vicinity.
(Am. Ord. O-01-8, passed 8-13-2001) Penalty, see § 90.99