(A) It shall be unlawful for any person to willfully make or continue or cause to be made or continued, any loud, unnecessary and unusual noise which disturbs the peace and quiet of any unincorporated residential area or which causes discomfort or annoyance to any person of ordinary sensibilities in the town. 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. This shall generally not include noise made by activity that is regulated by § 92.08, except in the case of activity prohibited by § 92.07, which is prohibited in all circumstances, or by future land use ordinances which may be adopted by the town.
(B) In determining whether an occurrence constitutes a violation under this section, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) The intensity of the noise;
(2) The general characteristics of the area in which the noise is occurring;
(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 such noise is occurring;
(5) Any previous request by neighbors and/or law enforcement officers for the abatement of any such noise;
(6) In the case of all motorized vehicles, including, without limitation, off road vehicles, motorcycles and all watercraft, whether or not such vehicles are equipped with mufflers and/or such suppression devices which keep exhaust noises down to a level equal to or below that which the manufacturers of such vehicles provided as original equipment; and
(7) Also in the case of motor vehicles, whether or not such noise emanating from such vehicles has such volume as to cause the driver of such vehicle not to hear emergency sirens or warning horns from a safe distance.
(Ord. 09-15, passed 2-1-10) Penalty, see § 92.99