(A) General prohibition.
(1) Unreasonably loud, disturbing, and unnecessary noise is prohibited.
(2) Noise that is detrimental to the life or health of any individual is prohibited.
(3) Noise that disturbs the public peace and welfare is prohibited.
(B) Factors to be considered. In determining whether noise is in violation of division (A), all relevant factors may be considered, including, but not limited to the following:
(1) The sensitivities of an ordinary person;
(2) Time of day;
(3) Duration of the noise;
(4) Intensity of the noise;
(5) Frequency of the noise;
(6) Type of the noise;
(7) Nature of the noise;
(8) Other ambient noise;
(9) Zoning district from which the noise emanates;
(10) Adjacent land uses;
(11) Current and historic noise levels and land uses in the area of the noise and surrounding areas;
(12) The public benefit, if any, from the noise.
(C) Specific acts prohibited. The following are declared to be loud, disturbing and unnecessary noises and noise in violation of this section. This enumeration shall not be deemed to be exclusive:
(1) (a) Gatherings and entertainment. Noise from an establishment or gathering during restricted hours that is plainly audible 300 feet or more from the edge of the property and disturbs the slumber, peace, or quiet of any person.
(b) For the purposes of this division, the following definitions shall apply:
1. ESTABLISHMENT. A restaurant, bar, hotel, dance studio or hall, auditorium, amphitheater, show, store, any place of public amusement, entertainment, accommodation, or any other similar gathering.
2. RESTRICTED HOURS.
A. Friday, Saturday, and holidays, 11:00 p.m. - 7:00 a.m. the following morning;
B. Sunday through Thursday, 10:00 p.m. - 7:00 a.m. the following morning;
C. During the annual August Rodeo, 12:00 midnight - 7:00 a.m. the following morning;
D. For events at the Payson Multi Event Center, 11:00 p.m. - 7:00 a.m. the following morning.
(2) Stereos, instruments, and amplified music. Sound from stereos, musical instruments, and other amplified music between the hours of 11:00 p.m. and 7:00 a.m. in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of a person in a residential dwelling.
(3) Loudspeakers or amplifiers on vehicles. Use of mechanical loudspeakers or amplifiers on a motor vehicle for advertising or other purposes. This division shall not apply to (i) vehicles that participate in a parade or procession permitted by the Police Chief and (ii) ice cream vendors playing traditional instrumental music between the hours of 8:00 a.m. and 8:00 p.m.
(4) Exhaust discharge. Operation of a motor vehicle, a motorized play vehicle, or any other internal combustion engine which is not at all times equipped with a muffler upon the exhaust. Such muffler shall be in good working order and in constant operation to prevent excessive or unusual noise. A cut-out, by-pass, or similar muffler elimination appliance shall not be used.
(5) Vehicle use. Use of any motor vehicle so out of repair, so loaded, or in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noise.
(6) Squealing tires. Squealing a motor vehicle’s tires while accelerating.
(`82 Code, § 10-1-13)
(7) Exhaust braking. Use of any mechanical exhaust device designed to aid in the braking or deceleration of any motor vehicle which results in excessive, loud, unusual or explosive noise from such vehicle, otherwise known as engine-braking or a Jake brake.
(8) Outdoor construction/repair. Operation of equipment or performing any outside construction or repair work on buildings, structures or projects, operating any pile driver, power shovel, pneumatic hammer, derrick, power hoist, concrete truck or any other construction type device or any other device, equipment or vehicle utilized for the purposes of outdoor construction or repair except within the time periods specified in this division.
(a) Start/stop times. From June 1 to September 1, inclusive, all construction or repair work shall not begin prior to 5:00 a.m. and must stop by 10:00 p.m. From September 2 to May 31, inclusive, all construction or repair work shall not begin prior to 6:00 a.m. and must stop by 10:00 p.m.
(b) Weekends and holidays. Notwithstanding anything to the contrary herein, construction, repair, industrial and manufacturing work shall not begin prior to 6:00 a.m. and must stop by 10:00 p.m. on Saturday, Sunday or a state or federal holiday.
(9) Animals. Keeping any animal or fowl in a manner which causes (i) loud, frequent, raucous, or long continued noise that disturbs the comfort and repose of any person in the vicinity; or (ii) repeated howling, barking, whining, or other utterances that disturb the peace and quiet of any person or deprive any person or persons of the quiet and peaceful enjoyment of their property.
(10) Non-emergency signaling devices. Sounding an amplified signal from any bell, chime, siren, whistle, or similar device, intended primarily for non-emergency purposes from any place for more than ten consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of worship and ice cream trucks is exempt from the provisions of this division.
(11) Yelling, shouting, and similar activities. Yelling, shouting, hooting, whistling, or singing in residential areas between the hours of 11:00 p.m. and 7:00 a.m.
(12) Noise-sensitive areas. Creating excessive noise on any street adjacent to a school, place of worship, or court while the same is in session, or adjacent to a hospital, when such noise unreasonably interferes with the working or session thereof; provided that signs must be displayed in such streets indicating that the same is a school, place of worship, court or hospital.
(13) Residential refuse collection. Residential refuse collection prior to 6:00 a.m. or after 10:00 p.m.
(D) Exemptions. The following acts shall be exempt from the provisions of this section:
(1) All town governmental activities and operations, including private contractors engaged in such activities.
(2) Emergency repair of public utilities, including private contractors engaged in such activities.
(3) Town-sponsored events.
(4) Emergency vehicles (whether public or private) and sounds used to alert persons to the existence of an emergency.
(5) Alarm activations as defined in Chapter 98.
(6) Temporary exemptions approved by the Council for activities including but not limited to special events, concerts, parades, festivals, sporting contests, and other activities. Prior to approving any exemption, the Council shall consider the potential disruption versus the public benefit of any such exemption.
(E) Persons responsible. A person causing, playing, directing, controlling or permitting any noise in violation of this section shall be liable for such noise.
(F) Enforcement.
(1) The Police Chief shall have primary responsibility for the enforcement of this section.
(2) Nothing in this section shall prevent the Police Chief from obtaining voluntary compliance by way of warning, notice, or education.
(3) If a person’s conduct would otherwise violate this section and consists of (a) speech or communication and (b) a gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious issues, the person must be ordered to, and have opportunity to, move, disperse, or otherwise remedy the violation prior to an arrest or citation being issued.
(G) Penalties.
(1) Except as provided in division (2) below, a violation of this section is a class one misdemeanor.
(2) A violation of division (C)(4) (if the vehicle is a motorized play vehicle), division (C)(7), or division (C)(9) is a civil violation.
(3) (a) Any person who pleads responsible or who is found responsible of violating division (C)(9) shall be subject to the following:
1. A minimum fine in the amount of $50 for the first offense within any 12-month period.
2. A minimum fine in the amount of $150 for the second offense within any 12-month period.
3. A minimum fine in the amount of $300 for the third and all subsequent offenses within any 12-month period.
(b) Alternatively, or in addition to, the above described fines, the magistrate court may order that arrangements be made to abate the violation including, but not limited to, muzzling the animal, requiring a bark collar, the owner’s voluntary removal of the animal, or court-ordered removal of the animal.
(Am. Ord. 304, passed 11-12-87; Am. Ord. 560, passed 1-13-00; Am. Ord. 634, passed 7-10-03; Am. Ord. 790, passed 10-21-10; Am. Res. 2575, passed 10-21-10) Penalty, see § 130.99