No person shall make or cause to be made any noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person, or precludes their enjoyment of property or affects their property’s value. This general prohibition is not limited by the specific prohibitions listed in the following section.
(Ord. 2018-3, passed 8-20-2018) Penalty, see § 96.99
(A) No person shall operate a device for the amplification of sound where the sound is emitted directly into the public streets, ways or parks, either for the purposes of advertising, personal fulfillment or attracting attention, so loudly that the sound emitted can be heard to the annoyance or discomfort of persons in passing or stopped vehicles, neighboring premises, or on such public streets or ways.
(B) No person shall operate a radio, television set, musical instrument, tape, compact disc or record player, amplifier or similar device in such a manner as to be plainly audible beyond the sound source’s property boundaries, or through walls common to two or more dwelling units or businesses within a building or attached buildings. This includes, but is not limited to, the operation of such devices from within vehicles.
(C) No person shall operate a domestic power tool outdoors between the hours of 9:00 p.m. and 7:00 a.m. on weekdays, and between the hours of 9:00 p.m. and 8:00 a.m. on weekends and holidays, in such a manner that will disturb or annoy any reasonable person nearby.
(D) No person shall operate a tool or equipment used in construction, drilling or demolition between the hours of 9:00 p.m. and 7:00 a.m. on weekdays, and between the hours of 9:00 p.m. and 8:00 a.m. on weekends and holidays, in such a manner that will disturb or annoy any reasonable person nearby.
(E) No person shall operate a horn or other audible signal device on any motor vehicle or motorcycle in such a manner that will disturb or annoy any reasonable person nearby, provided that this provision shall not apply to an emergency vehicle operated by an ambulance service or governmental unit,
(F) No person shall participate in any party or gathering between the hours of 11:00 p.m. and 7:00 a.m., giving rise to noise that is plainly audible beyond the sound source’s property boundaries, or through walls common to two or more dwelling units within a building.
(G) No person shall operate a motorcycle or motor vehicle in such a manner that causes excessive noise as a result of a defective or modified exhaust system, or as a result of unnecessary acceleration, deceleration, engine revving or tire squealing.
(H) No person shall operate a sound amplification device in such a manner as to cause vibrations perceptible without the aid of instruments beyond the sound source’s property boundaries. This includes, but is not limited to, the operation of such devices from within vehicles.
(I) No person shall yell, shout, hoot, whistle or sing in the public streets so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling or business.
(J) No person shall keep an animal that causes frequent or continued noise that disturbs the comfort or reposes or persons in any dwelling or business.
(Ord. 2018-3, passed 8-20-2018) Penalty, see § 96.99
(A) The provisions set forth in §§ 96.01 and 96.02 shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of work to prevent or alleviate physical or property damage threatened or caused by calamity or other exceptional circumstances.
(B) The Town Council shall have the authority to allow exemptions and permissions for the following situations, notwithstanding the foregoing prohibitions: holidays, celebrations, concerts, parades or other special events, both public and private;
(1) Parties requesting exemptions and permissions for a special event must file a form with the Clerk-Treasurer’s office for consideration at the next available Town Council meeting.
(2) Exemptions and permissions may contain conditions that are necessary to minimize the adverse impact of the activity, including a time limit.
(3) The Town Council may issue guidelines defining the procedures to be followed in applying for exceptions and permissions to be considered in the issuance of an exception or permission.
(4) The Town Council may grant exceptions and permissions to persons who demonstrate that the foregoing prohibitions constitute an unreasonable hardship due to temporary circumstances.
(Ord. 2018-3, passed 8-20-2018)
(A) Any person owning or operating a motor vehicle with sound amplification devices that violate the foregoing prohibitions shall be in violation of this code.
(C) Each day that a violation occurs shall constitute a separate offense.
(D) Any person or entity that wishes to appeal a violation must appear before the Town Council. The Town Council has the authority to determine whether the violation is correct and binding.
(E) Any fine that is not paid 30 days after citation, and on which the violator has not filed an appeal, will be submitted to the Union County Circuit Court, with the person or entity being held responsible for all court costs and fines.
(Ord. 2018-3, passed 8-20-2018)