(A) Prohibited noises; examples. The following are declared to be illustrations of noises prohibited under the foregoing section, and are hereby declared to be unlawful, but this list shall not be exhaustive:
(1) The blowing of a horn on any motor vehicle except when the horn is used as a warning device;
(2) The operation of any motor vehicle without a muffler or with a muffler that is so defective or so designed that the vehicle emits an unusually loud noise;
(3) The operation of a motor vehicle so as to create unnecessary and unusual noise through the screeching of tires or racing of engines;
(4) The playing of any radio, television, tape recorder, phonograph or similar electronic device or any musical instrument so as to disturb the comfort, quiet or repose of persons in any place of residence or so as to interfere substantially with the operations of any church, school, theater, library or other similar place of assembly;
(5) The use of any drum, loudspeaker or other amplification instrument or device for the purpose of attracting attention by the creation of noise to any performance, show, sale, display, advertisement or merchandise or other commercial venture; and
(6) The playing of any radio, tape recorder, cassette player or other similar device for reproducing sound located on or in any motor vehicle on a public street, highway or within the motor vehicular area of any public or private parking lot or park, if the sound generated is audible at a distance of 50 feet from the radio, tape recorder, cassette player or other device that is producing the sound.
(B) Special events impacting residential life. It is unlawful for anyone within the town limits to cause, or allow, the emission of sound from any source or sources which impact dwellings and other residential property, and when measured according to the standards described and exceed the maximum decibel limits specified in the residential decibel limits table.
Residential Decibel Limits Table | ||
Zoning Districts | Daytime- Mon-Sat (7:00 a.m. to 10:00 p.m.) Sunday (1:00 p.m. to 10:00 p.m.) | Nighttime (10:00 p.m. to 7:00 a.m.) Nighttime (10:00 p.m. to 7:00 a.m.) |
All | 75 dB | 65 dB |
(1) Measurement of sound. For the purpose of determining db(A)'s as referred to in this section, the noise shall be measured on the A-weighting scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute (ANSI). An A-weighted sound level meter means an instrument which includes an omnidirectional microphone, an amplifier, and output meter, internal datalogger, and frequency weighting network for the measurement of sound.
(2) Time. Sound measurements shall be conducted at the time of day or night when the suspect noise source is emitting sound, and where possible the measurement should be made with clear view to the source of the sound.
(3) Location. Measurements shall be taken at or within the nearest residential property line occupied by the complainant. The operator will take 4 consecutive readings of 30 seconds each. A maximum dB of any of these readings which exceeds the allowed decibel limits is a violation of this section.
(C) Exceptions. In the interest of public safety and convenience, the following are exempted from divisions (A) and (B) of this section:
(1) Organized fireworks displays carried on under the supervision of licensed experts with authority from the town. Such displays shall be exempt only between the hours of 12:00 noon and 10:00 p.m., except the July Fourth Celebration, on which day they are exempt from 12:00 noon until 12:00 midnight.
(2) Parades, festivals, or other events in the downtown business district for which a city permit is issued.
(3) Noise from authorized uses of public and private parks in the downtown business district.
(1981 Code, § 5-2) (Am. Ord. passed 7-27-1998; Am. Ord. passed 6-27-2011) Penalty, see § 130.99