(A) Generally. It is unlawful for any person to use, operate or permit to be played any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound in such a manner as to cause to be made or continued any unnecessary or unusual noise, which either annoys, injures or endangers the comfort, repose, health, or safety of others, unless the making of such noise is necessary for the protection or preservation of property or the health, safety, life or limb of some person.
(B) Prima facie violation. The operation of any such set, instrument, television, phonograph, machine or device at any time in such a manner as to be plainly audible at the places described under the following respective circumstances shall be prima facie evidence of a violation of this section:
(1) In the case of a detached, single-family dwelling, the property line of the real property upon which the source of the sound is located;
(2) In the case of any structure which consists of more than one dwelling unit, any place where the person charged with a violation of this ordinance does not have the right to exclude others; and
(3) In the case of a vehicle in any public place or within public view, a distance of 25 feet from said vehicle.
(C) Application. This section shall not apply to any person who is participating in any activity for which a permit has been issued by the town, so long as said person is conducting his or her activity within the confines and purposes of said permit.
(D) Dwelling unit. For purposes of this section, the term DWELLING UNIT means one room or rooms connected together for occupancy. If there is more than one utility meter, address to the property, or kitchen, or if separate entrances are used or if there is a lockable, physical separation among rooms in the dwelling unit such that each room or rooms on each side of the separation could be used as a dwelling unit, multiple dwelling units are presumed to exist; except that this presumption may be rebutted by evidence that the residents of the dwelling share utilities and keys to all entrances to the property and that they share a single common bathroom as the primary bathroom, or share a single common kitchen as the primary kitchen.
(Ord. 1990-2, passed 7-26-1990) Penalty, see § 130.99