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(A) It shall be unlawful for any person to willfully or grossly, negligently make or continue, or cause to be made or continued, any loud, unnecessary, unusual, or irritating noise, or series of noises, which disturbs the peace and quiet of any unincorporated residential area or which causes discomfort or annoyance to any person of ordinary sensibilities in an unincorporated residential area of the county. This shall include, but not be limited to, noises made by motor vehicles, mechanical devices, electrical devices, electronic devices, human voice, musical instruments, animals, and all activities accessory to residential living.
(B) It shall be unlawful for any person to make or continue or cause to be made or continued any loud, irritating, or unseemly noise, or series of noises, which unreasonably causes discomfort or annoyance to any person of ordinary sensibilities in any unincorporated nonresidential area of Newberry County.
(C) In determining whether an occurrence constitutes a violation under §§ 90.01 et seq., a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) The intensity, tone, and other characteristics of the noise;
(2) The general characteristics of the area in which the noise is occurring, including the uses for which the property is zoned by Newberry County;
(3) The time of day or night that the noise is occurring;
(4) The reasonable expectation of quiet that could be expected by individuals on public or private property surrounding the area in which the noise is occurring;
(5) Any previous request by neighbors and/or law enforcement officers for the abatement of the noise;
(6) In the case of all motorized vehicles, including, without limitation, off-road vehicles, motorcycles, and all watercraft, whether or not the vehicles are equipped with mufflers and/or the suppression devices which keep exhaust noises down to a level equal to or below that which the manufacturers of the vehicles provided as original equipment; and
(7) Also in the case of motor vehicles, whether or not the noise emanating from the vehicles has the volume as to cause the driver of the vehicle not to hear emergency sirens or warning horns from a safe distance.
(Ord. 02-09-05, passed 2-16-2005) Penalty, see § 90.99