(A) It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary, or unusually loud noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the town.
(B) The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this subchapter, but said enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices, and the like. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place in the town, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary or unreasonable period of time. Also, the use of any signaling device except one operated by hand or electricity, the use of any horn, whistle, or other device operated by engine exhaust, and the use of such signaling device when traffic is for any reason held up;
(2) Radios, phonographs, and the like. The using, operating, or permitting to be played, used, or operated any radio receiver set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for the convenience of the person or persons who are in the room, vehicle, or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device at any time in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of the violation of this provision;
(3) 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, which is placed upon the public street for the purpose of commercial advertising for attracting the attention of the public to any building or structure;
(4) Yelling, shouting, and the like. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of the persons in any office, dwelling, hotel, or other type residence or any persons in the vicinity;
(5) Animals, birds, and the like. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the vicinity;
(6) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except those set to give notice of the time to begin or stop working or as a warning of fire or danger, or upon request of the proper town authorities;
(7) 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 which effectively prevents loud or explosive noises therefrom;
(8) Defect in vehicle or load. The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise;
(9) Loading, unloading, opening boxes. The creation of a loud excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers;
(10) Construction or repair of buildings.
(a) The erection (including the excavation), demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on Mondays through Saturdays except in the case of urgent necessity, in the interests of public health and safety, and then only with a permit from the Zoning Administrator, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues.
(b) If the Zoning Administrator should determine that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. on Mondays through Saturdays and if he, she, or they shall further determine that loss or inconvenience would result to any party in interest, he, she, or they may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.
(c) Under no circumstances may any work described in this division (B)(10) be conducted at any time on a Sunday.
(11) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution or unduly annoys patients in the hospital, provided conspicuous signs are displayed on such streets indicating that the same is a school, hospital, or court street.
(12) Hawkers, peddlers. The shouting or crying of peddlers, hawkers, and vendors which disturbs the peace and quiet in the neighborhood;
(13) Drums. The use of any drums or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, or sale;
(14) Metal rails, pillars, and columns; transportation thereof. The transportation of rails, pillars, or columns of iron, steel, or other material, over and along the streets and other public places on carts, trains, cars, trucks, or in any other manner, so loaded so as to cause loud noises or as to disturb the peace and quiet of such streets or other public places;
(15) Pile drivers, hammers, and the like. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by loud and unusual noise; and
(16) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
(Prior Code, § 8-22) (Ord. passed 12-21-1989) Penalty, see § 91.99
Cross-reference:
Industrial noise, see § 152.261