(A) It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud and/or raucous, disturbing, unusual or unreasonably loud sound which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the limits of the town. For the purpose of this section, sound shall include vibrations caused by human, animal or mechanical means. A person shall not be in violation of this section unless any such sound is perceived on another property, it being solely the intent of this section to prohibit sounds from carrying from one property to adjacent or nearby properties, or a public right-of-way.
(B) Within the town limits, the following activities are prohibited if they produce audible sound beyond the property line of the property on which they are conducted or from a public right-of-way:
(1) The operation, between 10:00 p.m. and 7:00 a.m., Monday through Friday, and 10:00 p.m. and 8:00 a.m., Saturday, Sunday and holidays, of power tools or equipment;
(2) The operation or playing of any radio, television, phonograph, tape player or compact disc player that can be heard 50 feet away, or beyond the property line of the property on which is being operated or played;
(3) The operation or playing of any musical instrument, loudspeaker, sound amplifier, public address system or any similar device used to amplify sounds between 10:00 p.m. and 8:00 a.m., unless same shall be in conjunction with any authorized school, church, festival or civic function;
(4) Construction, repair, remodeling, demolition, drilling or excavation work between 10:00 p.m. and 6:00 a.m.;
(5) The use of any type of Jacob’s engine brakes, i.e., jake brakes are prohibited;
(6) The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity; and
(7) It shall be unlawful for any person to allow or permit any dog or other animal to bark, howl or in any other manner disturb the quiet of any persons.
(C) The provisions of this section shall not apply to the following:
(1) Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster; to restore public utilities, or to protect persons or property from an imminent danger;
(2) Sound made to alert persons to the existence of an emergency, danger or attempted crime; and
(3) Activities or operations of governmental units or agencies.
(D) Whenever noise or sound is made, created or continued in violation of the provisions of this section, and if the property upon which or from which the sound is emanating has two or more occupants, and it cannot be determined which occupant is the violator, the owner of the property, if present shall be presumed to be responsible for the violation; in the absence of the owner of the property, the tenant, sub-tenant, licensee, invites or guest then in control of the property shall be presumed to be responsible for the violation. In the event that it is impossible to determine the person then in control of the property, it shall be presumed that the owner of the property, if present, is responsible and if not present, all persons then on or in said property shall be ordered to disperse and leave said property and a failure to do so by any person shall itself be a municipal infraction punishable under the provisions of this section.
(E) When a violation of this section occurs, a law enforcement officer shall undertake to notify the persons present in or on the property from which the sound or activity is emanating that they are in violation and notify them to cease and desist whatever is causing the violation. At this time the law enforcement officer shall also ascertain, if reasonably possible, the owner or the tenant of the property in question. Notice hereunder may be given orally by the officer to the owner and/or posting a written notice on the premises where such violation is occurring. Any written notice posted shall contain a specific description of the nature of the violation.
(F) The continuation of such violation or any subsequent violation of the same proscription following receipt of the notice to cease and desist shall constitute a municipal infraction punishable as hereinafter set forth.
(Ord. passed 7-1-2003) Penalty, see § 132.99