(A) It shall be unlawful for any person to create or assist in creating any unreasonably loud, disturbing and unnecessary noise in the town. Noise of such character, intensity and duration as to be detrimental to the public health, welfare and peace is hereby prohibited.
(Prior Code, § 9-6.1)
(B) The following acts, among others, are hereby declared to be loud, disturbing and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal, so as to create any unreasonable loud or harsh sound, or the sounding of the device for an unnecessary and unreasonable period of time;
(2) The playing of any radio, phonograph or other musical instrument in the manner or with such volume, particularly between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of any person in any dwelling, hotel or other type of residence;
(3) The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity;
(4) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in the manner as to create loud or unnecessary grating, grinding, rattling or other noise;
(5) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger;
(6) The conducting, operating or maintaining of any garage or service station in any residential area so as to cause loud or offensive noises to be emitted therefrom between 10:00 p.m. and 7:00 a.m. on weekdays or on Sundays;
(7) The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session, or within 150 feet of any hospital, which unreasonably and unnecessarily interferes with the working of the institution; provided that, conspicuous signs are displayed in the street indicating that the area is a school, court or hospital area;
(8) The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between 7:00 a.m. and 6:00 p.m. on weekdays, except in the case of urgent necessity in the interest of public safety and then only with a permit from the Building Inspector, which permit may be renewed for a period of three days or less while the emergency continues; and
(9) The shouting and crying of peddlers, barkers, hawkers and vendors which disturbs the quiet and peace of the neighborhood.
(Prior Code, § 9-6.1)
(C) Noise described in divisions (D) and (E) of this section are hereby declared unreasonable, dangerous to the public health, safety and welfare, and shall be illegal unless exempted herein.
(D) It shall be unlawful for any person to play, use or otherwise operate, either from a motor vehicle or as a pedestrian, any radio, tape player or other sound amplification device emitting sound that is audible from a distance of 50 or more feet from the source of the sound, unless the device is being used to request assistance or warn against an unsafe condition.
(1) This division shall not apply to any of the following:
(a) Public safety personnel, when responding to an emergency call or engaged in other official business;
(b) Persons engaged in a lawful assembly, procession or community event;
(c) The operator of a public utility vehicle, when utilizing two-way communications equipment;
(d) The operator of a vehicle being used for advertising purposes in accordance with existing ordinances; and
(e) The activation of a theft alarm signal device.
(E) It shall be unlawful to operate or allow the operation of any motor vehicle in the city:
(1) Which has had its muffler, exhausts and/or other noise-control equipment removed, altered or maintained in such disrepair as to create unreasonably loud and disturbing noises;
(2) By engaging in jackrabbit starts, spinning tires, racing engines or other operations which create an unreasonably loud or disturbing noise; and/or
(3) Off the boundaries of a public street for racing or other operations which create unreasonably loud and disturbing noises.
(Ord. passed - -; Ord. passed 5-18-1981) Penalty, see § 10.99