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The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this subchapter, and unlawful; but this enumeration shall not be deemed to be exclusive:
(A) Horns, signaling devices.
(1) The sounding of any horn or signaling device on any automobile, motorcycle, bus, locomotive or other vehicle within the town except as a danger warning; the creation by means of any signaling device of any unreasonably loud or harsh sound;
(2) The sounding of any device for an unnecessary and unreasonable period of time;
(3) The use of any signaling device except one operated by hand or electricity;
(4) The use of any horn, whistle or other device operated by engine exhaust; and
(5) The use of any signaling device when traffic is for any reason held up.
(B) Radios, phonographs and the like. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device of and for the producing or reproducing of sound in a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants at any time with louder volume than is necessary for convenience in hearing for the persons who are in the room, vehicle or chamber in which the machine or device is operated and who are voluntary listeners. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in a manner as to be plainly audible to the nearest occupied dwelling shall be prima facie evidence of a violation of this division; however, string music, mechanical phonograph or radio music may be provided by a vendor of intoxicating beverages, duly licensed by the town, up to not later than 12:00 midnight, and by operator of nightclubs duly licensed as such under appropriate ordinances of the town, up to not later than 12:00 midnight; however, in all the above exceptions it shall be unlawful for the sound of the music, mechanical phonograph or radio, or entertainment, at any time during the hours of operation to be audible a distance of more than 50 feet from the exterior wall of premises operated by the licensed vendor or operator; and it shall be the responsibility of the vendor or operator to ensure that the premises operated by him or her complies with this provision.
(C) Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound that is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure; however, nothing in this division shall be construed as a prohibition against the use and operation of loudspeakers or amplifiers or other machines or devices for producing or reproducing of sound when the equipment is used in conjunction with parades, charitable affairs, or municipal uses or purposes for which proper permits have been issued.
(D) Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets, between the hours of 11:00 p.m. and 7:00 a.m. so as to annoy or disturb the quiet, comfort or repose of persons in any occupied dwelling and businesses, or of any persons in the vicinity.
(E) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle except through a muffler or other device that will effectively prevent loud or explosive noises.
(F) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in a manner as to create a loud and unnecessary grating, grinding, rattling or other noise.
(G) Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building between the hours of 11:00 p.m. and 7:00 a.m. so as to annoy or disturb the quiet of the immediate neighbors, except during emergency situations in which loss of life or property is imminent.
(H) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, that unreasonably interferes with the workings of the institution, or that disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in the streets indicating that the same is a school, hospital, church or court street.
(I) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors that disturbs the peace and quiet of the neighborhood.
(J) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise for any performance, show or sale; however, nothing in this division shall be construed as a prohibition against the use and operation of drums or other instruments or device for the purpose of attracting attention by creation of noise when the equipment is used in conjunction with parades, charitable affairs or municipal uses or purposes for which proper permits have been issued.
(K) Piledrivers, hammers and the like. The operation between the hours of 6:00 p.m. and 7:00 a.m. of any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance the use of which is attended by loud or unusual noise.
(L) Blowers. The operation of any noise-creating blower or power fan for any internal combustion engine the operation of which causes noise due to the explosion of operating gases or fluids unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise.
(2000 Code, § 30-67) (Ord. 87-01, passed 4-28-1987) Penalty, see § 91.999