(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS or COMMERCIAL AREA. Any area designated for commercial use or business use as set forth in Chapter 154 of this Code.
CONSTRUCTION. Any site preparation, assembly, erection, substantial repair, alteration or a similar action, but excluding demolition.
DEMOLITION. Any dismantling or intentional destruction or removal of structures.
EMERGENCY. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage or loss which demands immediate action.
EMERGENCY WORK. Any work formed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
MODIFIED EXHAUST SYSTEM. Any exhaust system in which the original noise abatement devices have been removed, altered, or replaced to produce more noise.
MOTOR VEHICLE. Any vehicle defined as a motor vehicle under the traffic ordinance, including, but not limited to passenger cars, trucks, truck/trailers, campers, go-carts, snowmobiles, and motorcycles.
NOISE DISTURBANCE. Any sound which endangers or injures the safety or health of humans or animals, disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property.
NOISE SENSITIVE ZONE. Any area designated pursuant to this section for the purpose of ensuring exceptional quiet. Such zones may include, but are not limited to, schools, hospital, churches, and courthouses.
POWERED MODEL VEHICLE. Any self- prepared airborne, waterborne, or landborne plane, vessel, or vehicle which is not designated to carry persons, including, but not limited to any model airplane, boat, car, or rocket.
PUBLIC SPACE. Any street, avenue, boulevard, highway, sidewalk, or alley, or other premises which is owned or operated by a governmental entity.
REAL PROPERTY BOUNDARY. The property line around the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another.
WEEKDAY. Any Monday through Friday which is not a legal holiday.
(B) Prohibited acts.
(1) General prohibitions: no person shall make, continue, or cause to be made any loud, unnecessary, or unusual noise or noises whatsoever which disturbs the peace or quiet of any neighborhood, or which causes unreasonable discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or which detrimentally affects his property value, unless the making or continuing of same be necessary for the protection of property, or the health, safety of life or limb of some person.
(2) Factors which may be considered in determining whether a violation of this section exists may include, but are not limited to the following:
(a) Level of the noise;
(b) Unusual nature of the noise;
(c) Whether the origin of the noise is natural or unnatural;
(d) The level and intensity of any background noise;
(e) The nature and zoning of the area which is affected by the noise; and
(f) Time of day or night in which the noise occurs.
(C) Specific acts. The following enumerated acts, the causing thereof, or the permitting thereof, are declared to be in violation of this section:
(1) Operation of sound; amplifying and musical devices. Operation of any radio, television, phonograph, drum, musical instrument, sound amplifier, loud speaker, public address system, or similar device which produces, reproduces, or amplifies sound at any hour whatsoever of the day in such a manner as to create a noise disturbance within public space or right-of-way or across a real property boundary, except in conjunction with authorized parades or public functions, a permit for which has been issued by the Town Council.
(2) Loading and handling of boxes, materials, and containers. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10 p.m. and 7 a.m. in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.
(3) Construction. Operating any tools or equipment used in construction, drilling, or demolition work between the hours of 9 p.m. and 7 a.m. on weekdays or Saturdays, or on Sunday before 10 a.m. or after 6 p.m. in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.
(4) Domestic power tools. Operating any mechanically powered saw, sander, drill, grinder, lawn or garden tool, snowblower, or a similar device used outdoors in residential areas between the hours of 10 p.m. and 7 a.m., with exception to snowplowing or snowblowing in residential areas between the hours of 10 p.m. to 6 a.m., so as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.
(5) Emergency signaling devices. It shall be unlawful to intentionally sound any fire, burglar, or civil defense alarm, siren, whistle, or similar device, except for emergency purposes or for testing. Testing shall occur at the same time of day each time such a test is performed, but not before 8 a.m. or after 8 p.m. Any such test shall use only the minimum cycle test time.
(6) Powered model vehicles. Operating power model vehicles so as to create a noise disturbance across a residential real property boundary or in a public space or within a noise sensitive zone between the hours of 5 p.m. and 10 a.m.
(7) Motor vehicle noise. No person shall operate a motor vehicle which causes excessive noise levels as a result of a defective or modified exhaust system or as a result of an unnecessary rapid acceleration, deceleration, engine revving, tire squealing, or testing of vehicles. It shall be unlawful for any person to cause the creating of grating, screeching, grinding, squeaking, loud reports or shots, or other noises in the use of automobiles, motorcycles, or other vehicles or appurtenances attached thereto. It shall be unlawful for any person to cause the sounding of any horn, signal device, or attachments on automobiles, motorcycles, bicycles, trucks, busses, or other vehicles except as necessary warning of danger to person or property.
(8) Vibration. Operating any device that creates vibration above the vibration perception threshold of an individual at or beyond the source if on private property or at a distance of 50 feet from the source if on public property. For the purposes of this section, the expression “vibration perception threshold” means the minimum ground or structure- borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as sensation or visual observation of moving objects, without the aid of instruments.
(9) Animals. It shall be unlawful for any person to keep any animal, bird, or fowl which by causing frequent or continued noises or odor shall disturb the comfort or repose of any reasonable person in any dwelling or apartment house or residence.
(D) Exceptions. Provisions of this section shall not apply to the following:
(1) Emergencies. Emergencies including the emission of sound for the purpose of alerting persons to an emergency or sounds made in connection with the performance of emergency work.
(2) Public speech. This section shall not apply to non-commercial public speech or public assembly activities conducted on any public space for which a permit has been obtained from the Town Council.
(3) School or public programs. Organized school-related programs, activities, events, or parades, or other public programs or events.
(4) Special permit activity. Any activity for which a special permit has been granted by the Town Council.
(5) Airports. Any airport activity regulated by federal law.
(6) Police and Fire Departments. The Town Marshal may use a soundtrack or public address system upon the streets and public places for the purpose of directing or educating all vehicular traffic upon the streets and public places.
(E) Special permits.
(1) The Town Council shall have the authority consistent with this section to grant special permits for:
(a) Holidays, celebrations, concerts, parades, or other special events, public or personal.
(b) Persons who demonstrate that bring in the source of sound or activity for which the permit is sought into compliance with the provisions of this section would constitute an unreasonable hardship on the applicant, the community, or other persons and that the adverse impact on the health, safety, and welfare affected by the permit has been outweighed by such hardship. Permits may contain any conditions, including a time limit, that are necessary to limit the adverse impact of the activity.
(2) Non-compliance with any condition of the permit shall terminate it and subject the person holding it to the provisions of this section.
(3) The Town Council may issue guidelines defined in the procedures to be followed in applying for a permit and the specific criteria to be considered in deciding whether to issue a permit.
(F) Enforcement and abatement.
(1) Any violation shall be cause for a notice of violation to be issued by any town law enforcement officer. Any law enforcement officer may issue a notice of violation and/or an order requiring the immediate abatement, of any source of noise in violation of this section.
(2) In order to implement this section and for the general purpose of noise and vibration control, the Town Marshal shall have, in addition to any other authority vested in him by any other ordinance, the power to:
(a) Conduct studies or monitoring activities authorized by the Town Council related to sound and vibration.
(b) Coordinate the noise and vibration control activities of all municipal departments; and cooperate to the extent practicable with all appropriate state and federal agencies.
(c) Review public and private projects for compliance with this section, if such projects are likely to cause sound or vibration in violation of this section.
(d) Exercise general supervision over any officers and employees, and over the enforcement of all laws pertaining to noise or vibration control.
(e) Investigate complaints of noise pollution and issue such orders as may be necessary to effectuate this section.
(f) Upon presentation of proper credentials, the Town Marshal may enter and inspect any private property or place, when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant or other court order may be sought upon the showing of probable cause to believe that a violation of this section may exist.
(g) Stop any motor vehicle, or operator of any powered model vehicle, which is being operated on a public space and reasonably suspected of violating this section, and issue a notice of violation.
(`77 Code, § 22.07) (Ord. 2002-1, passed 2-18-02; Am. Ord. 2002-7, passed 8-19-02; Am. Ord. 2019-9, passed 10-21-19)