(A) Purpose. It is hereby declared to be the policy of the town to prohibit excessive, unnecessary and annoying noises from all sources subject to its police power. At and above certain levels, noises are detrimental to the health and welfare of the citizens of the town and it is in the best interest that the noises be systematically eliminated.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or required a different meaning.
EMERGENCY VEHICLE. Vehicles of the fire, police and legally authorized ambulances and emergency vehicles of state departments or any political subdivisions thereof, and vehicles of public service corporations.
EMERGENCY WORK. Any work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency which has, or may result in, a disruption of service and which is necessary to protect the health, safety and welfare of persons or property.
MOTOR VEHICLE. Any self-propelled vehicle operated within the town, including but not limited to licensed or unlicensed vehicles, automobiles, mini-bikes, go-carts and motorcycles.
(C) Excessive, unnecessary or offensive noise prohibited. It shall be unlawful for any person to make or continue, or cause or permit to be made or continued, any excessive, unnecessary or offensive noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
(D) Exemptions from noise level regulations. The following uses and activities shall be exempt from the provisions contained in this section:
(1) Heating and cooling equipment when it is functioning in accordance with manufacturer's specifications and is in proper operating condition provided that no unit may create an excessive, unnecessary or offensive noise causing annoyance or discomfort to a reasonable person of normal sensitivity within any sleeping or living area inside any dwelling unit;
(2) Landscape maintenance equipment when it is functioning in accordance with the manufacturer's specifications and with all mufflers and noise reducing equipment in use and in proper operating condition;
(3) Non-amplified crowd noises resulting from activities such as those planned by school, governmental or community groups, or organized sports;
(4) Noises of safety signals, warning devices and emergency pressure relief valves;
(5) Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
(6) Noises resulting from emergency work as defined in division (B) above;
(7) Noises from the normal operation of railroad trains;
(8) Noises from church chimes;
(9) Power plant equipment during normal operation;
(10) Noise created by a town vehicle, equipment or facility while being operated for official use;
(11) Operation of agricultural equipment in connection with farming operations; and
(12) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations or air traffic control instructions issued pursuant to or within duly adopted federal air regulation, together with any noise created by aircraft operated under, or pursuant to, declaration of an emergency under federal air regulations.
(E) Loud radios, sound sets and the like.
(1) It shall be unlawful for any person to operate a radio receiving set, phonograph or sound producing or sound reproducing mechanism within the town, at any time in such a manner as to create an excessive, unnecessary or offensive noise such that a reasonable person of normal sensitivity in the area is caused discomfort or annoyance.
(2) It shall be unlawful for any person to operate or permit to be operated any radio receiving set, phonograph or sound producing or sound reproducing mechanism within the town in such a manner that the sound from the radio set, phonograph, sound producing or sound reproducing mechanism may be heard off of the premises upon which it is operated in such a manner as to create an excessive, unnecessary or offensive noise such that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance.
(F) Vehicular noise.
(1) It shall be unlawful for any person within any residential area of the town to repair, rebuild or test any motor vehicle in such a manner as to create an excessive, unnecessary or offensive noise such that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance.
(2) No person shall operate or cause to operate any motor vehicle unless the exhaust system of the vehicle:
(a) Is free from defects which may cause sound level magnification;
(b) Is equipped with a muffler; and
(c) Has not been modified in such a manner which will amplify or increase the sound level emitted by the motor of any vehicle above that emitted by a muffler originally installed on the vehicle as manufactured for initial sale.
(3) It shall be unlawful for any person to operate any motor vehicle on any street or highway within the Town of Florence using or operating with the assistance of exhaust brakes, jake brakes or similar devices. It is rebuttal presumption that the use of engine braking, jake brakes or similar devices in a residential area is a public nuisance in violation of § 132.99.
(G) Construction of buildings and other projects.
(1) Noise limitations. Subject to the provisions of division (C) above, it shall be unlawful for any person to operate equipment or perform any outside construction or repair work on buildings, structures or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction type device except within the time periods specified below, unless an appropriate permit has been obtained beforehand from the town.
(2) Construction start and stop times.
(a) Concrete work. From April 15 to October 15, inclusive, concrete may be poured each day between the hours of 5:00 a.m. and 7:00 p.m. or at the other times as authorized by permit. From October 16 to April 14, inclusive, concrete may be poured each day between the hours of 6:00 a.m. to 7:00 p.m. or at the times as authorized by permit.
(b) Other type construction (residential zones). From April 15 to October 15, inclusive, all other construction or repair work shall not begin prior to 6:00 a.m. and must stop by 7:00 p.m. in, or within 500 feet of a residential zone or at the other times as authorized by permit. From October 16 to April 14, inclusive, all other construction or repair work shall not begin prior to 7:00 a.m. and must be stopped by 7:00 p.m. each day in, or within 500 feet of a residential zone or at the other times as authorized by permit.
(c) Other type of construction (commercial and industrial zones). Construction and repair work in commercial and industrial zones, not within 500 feet of a residential zone, shall not begin prior to 5:00 a.m. and must stop by 7:00 p.m. or at the other times as authorized by permit.
(d) Weekends and holidays excluded. Notwithstanding anything to the contrary herein, construction or repair work shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m. and concrete pouring should not begin prior to 6:00 a.m. and must stop by 7:00 p.m. on any Saturday, Sunday or state or federal holiday, unless the other times as are authorized by permit.
(3) Permits. Construction and repair work may be conducted at different times and at higher noise levels than otherwise permitted, if upon written application, a permit is obtained beforehand from the Town Manager or designee. The permit shall be kept on the work site and shown to town officials on request. In granting the permit, the Town Manager or designee shall consider if construction noise in the vicinity of the proposed work site could be less objectionable at night than during the daytime because of different population levels or different neighboring activities, if obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during the daytime, if the kind of work to be performed emits noise at such a low level as to not cause significant disturbance in the vicinity of the work site, if the neighborhood of the proposed work site is of such a character wherein sleep could be disturbed, if great economic hardship would occur if the work was spread over a longer time, if the work will abate or prevent hazards to life or property, if proposed early morning or night work is in the general public interest and, he or she shall prescribe the conditions, working times, types of construction equipment to be used and permissible noise emissions as he or she deems to be required in the public interest. No permit shall be required to perform emergency work as defined in division (B) above.
(4) Revocation of permits. The Town Manager, or his or her designee, may revoke any permit granted hereunder upon complaint based upon substantial evidence that the construction activity caused significant disturbance in the vicinity of the work site.
(Prior Code, Ch. 11, Art. III, § 11-62) (Ord. 199-95, passed 8-8-1995; Ord. 440-06, passed 8-21-2006) Penalty, see § 132.99