(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVICE. Any radio, tape recorder/player, compact disc player, stereo system, record player, television or other electronic or mechanical device capable of producing or reproducing any sound, noise, musical rhythm or vocal sound.
MOTOR VEHICLE. Any vehicle, such as, but not limited to automobiles, trucks, motorcycles or any other vehicles propelled or operated by means of power.
PLAINLY AUDIBLE. Any noise, musical sound, musical rhythm or any other sound that is electronically amplified or broadcast in any manner that can be heard by the human ear.
PUBLIC RIGHT-OF-WAY or PUBLIC PLACE. Includes, but is not limited to, any avenue, street, road, alley, easement, parkway, highway, sidewalk, park or other public place that is owned or controlled by any governmental entity.
(B) Offense.
(1) No person, corporation, entity, or landowner shall permit any noise to be generated or produced which is plainly audible from the device producing the noise for more than two minutes per hour, when measured at least ten feet from the property line of the property where such sound originates.
(2) It shall be unlawful within the municipal limits of the town, for any device within or attached to any motor vehicle to be utilized in or at such a level so as to be plainly audible at a distance greater than 40 feet from said device, or which causes a distraction to any person.
(3) The use and operation of lawn mowers, weed eaters, blowers, garden tractors, construction and repair equipment, go-carts, generators and power tools and the like, shall be limited to the following hours: between the hours of 7:00 a.m. and 10:00 p.m. May 15th to September 15th, and 7:00 a.m. to 9:00 p.m. September 16th to May 14th only.
(C) Exceptions. The following are exempted from the provisions of this section:
(1) Sounds emitted from authorized emergency vehicles or sirens (including tornado sirens).
(2) Burglar and car alarms and other warning devices, when properly installed, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time.
(3) Town or other governmental entity sanctioned parades, festivals, carnivals, fairs, celebrations, concert performances, band and drum corps performances, artistic performances and the like, as well as any rehearsals for same.
(4) The emission of sound for the purposes of alerting persons to the existence of an emergency or the testing of such equipment, or for the performance of emergency construction, repair or other work.
(5) Subject to the other provisions of this section, and any other applicable law, rule or regulation, those sounds associated with motor vehicles lawfully operating on town, county, state, and federal streets and highways.
(6) Sounds associated with the operation of aircraft or snow removal equipment.
(7) Sounds emitted by emergency generators in the event of power failure, periodic testing and maintenance of which shall adhere to the limitations set forth in division (B) above.
(8) Sounds emitted by construction/road work approved by the town or other governmental entity.
(9) Train horns as required by law.
(D) Penalty.
(1) Any person violating any provision of this chapter shall have committed an offense subject to the jurisdiction of the Ordinance Violation Bureau and shall be punished accordingly, with each violation being a separate and distinct violation and subject to being penalized accordingly. The schedule of fines payable through the Ordinance Violation Bureau shall provide for an increasing fine for subsequent offenses.
(2) Any person who violates the provisions of this section shall be guilty of an infraction, punishable by a fine of not more than:
First offense | Up to $50 |
Second offense | Up to $100 |
Third offense | Up to $250 |
Fourth and subsequent offenses | Up to $500 |
(E) Enforcement. Citations for violation of this section may be issued by any sworn member of the Police Department.
(Ord. 1-2015, passed 2- -2015)