No person may authorize or cause to be emitted from any property or source under his or her control any noise that is both:
(A) Sufficiently loud to frighten or pose a danger to the health of or seriously disturb any person who:
(1) If the noise emanates from a source located on private property, is located on other property; or
(2) If the noise emanates from a street or other public property, is located on private property or the street or other public property.
(B) Louder, or of greater duration, or otherwise more disturbing than is reasonably necessary for the performance of some lawful public or private function, enterprise, operation or activity.
(C) This section shall apply only to sound, vibration, and noise originating within a residential zoning district within the corporate limits of the town. Nothing in this article shall be construed to limit or prevent the town or any person from pursuing any other legal remedies for damage or the abatement of noises in the town.
(1) The complaints of two or more persons, at least one of whom resides in a different home from the complaining person or persons, or the complaint of one or more persons, when combined with the complaint of the investigating police officer or a duly authorized investigating person, shall constitute a valid determination of an unreasonably loud noise.
(2) It is not necessary for an investigating officer to utilize a sound level meter to issue a violation under this section.
(1981 Code, § 5-1) (Ord. Passed 2-2-2019) Penalty, see § 130.99