§ 93.02 UNLAWFUL NOISES.
   (A)   For purposes of this chapter, UNREASONABLE NOISE shall mean sound that is of a volume, frequency, or pattern that prohibits, disrupts, injures, or endangers the health, safety, welfare, prosperity, comfort, or repose of reasonable persons of ordinary sensitivities within the town, given the time of day and environment in which the sound is made.
   (B)   Except as otherwise provided in this chapter, it shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonable noise.
   (C)   In addition to the foregoing, any person who performs any of the acts enumerated in this division, or who causes or allows the performance of any of such acts in or upon any property owned, occupied, or controlled by him or her, shall be in violation of this section.
      (1)   Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle in any public street or public place of the city, in a manner that makes unreasonable noise and continuing to do so after being asked to stop; or
      (2)   Machines and devices for producing sound. Playing, using, or operating, or permitting to be played, used, or operated, any radio, television, digital media player, loudspeaker, sound amplifier, musical instrument, or any machine or device for producing or reproducing sound in a manner that makes unreasonable noise and continuing to do so after being asked to stop, except when a permit granted therefor for some special occasion is in effect. The operation of any such machine or device in a manner that produces sound plainly audible to a person with normal hearing:
         (a)   From any place other than the property on which the sound source is located when the machine or device is being operated between the hours of 10:00 p.m. and 7:00 a.m.; or
         (b)   From a distance greater than 75 feet from the sound source of the machine or device when it is located in any public street or public place of the town; shall be prima facie evidence of a violation of this section, except when a permit granted therefor for some special occasion is in effect.
      (3)   Yelling or shouting. Yelling, shouting, hooting, whistling, or singing in any public street or public place of the city in a manner that makes unreasonable noise and continuing to do so after being asked to stop, except when a permit granted therefor for some special occasion is in effect.
      (4)   Animals or birds. The keeping of any animal or bird that makes unreasonable noise and the failure to prevent the continuation of the unreasonable noise after being asked to do so.
      (5)   Engines and motors. The operation or use of any engine or motor on a motor vehicle, motorcycle, or other vehicle that makes unreasonable noise and continuing to do so after being asked to stop, or operation or possession in any public street or public place of the town of any motor vehicle, motorcycle, or other machine powered by an engine or motor equipped with straight pipes, baffles, muffler cutouts, bypasses, an expansion chamber, or any exhaust system constructed or capable of being operated so that the exhaust bypasses the muffler or noise-reducing device, or the operation or possession of any engine or motor not equipped with a muffler or other noise-reducing device in a manner that makes sound plainly audible to a person with normal hearing from any place other than the street or property on which the sound source is located, is declared to be a nuisance, and shall be prima facie evidence of a violation of this section.
(Ord. 20-011, passed 7-6-20)