(A) It is hereby declared to be a public nuisance, and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store, residence or any public place, or area of amusement, entertainment or accommodation, to play or permit to be played any music or musical instrument whether played by individuals, orchestra, radio, phonograph, music box, vehicle “boom box” or other mechanical device or means in such a loud or unusual manner as to be offensive to the senses, or so as to disturb the slumber, peace and quiet, or otherwise interfere with or annoy the comfortable enjoyment of life or property of any person or neighborhood and is no less a nuisance because the extent of the annoyance inflicted is unequal.
(B) It is unlawful to play, operate or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character which emits loud and raucous noises and is attached to and upon any vehicle unless such person in charge of such vehicle shall have first applied to and received permission from the Chief of Police to operate any such vehicle so equipped.
(C) It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing or unnecessary noise in the town that produces annoyance, inconvenience, discomfort or hurt to any person, or to the enjoyment of property or comfort of any person, or affect the safety, health or morals of the public.
(D) It is unlawful for an operator of a diesel-powered motor vehicle having a load capacity of two tons or more to allow said vehicle to idle for a period of time in or adjoining a neighborhood within the town limits. This provision shall not apply to vehicles being repaired, nor to vehicles engaged in loading or unloading cargo.
(E) It shall be unlawful for any person to operate a truck or other motor vehicle in such a manner as to cause the engine to emit additional noise from its exhaust or muffler system through deceleration or through a practice using the truck’s or vehicle’s engine as a brake (i.e., unmuffled compression brake), except in circumstances of emergency for the protection of persons or property.
(F) The standard to be adopted in evaluating a violation under this section shall be that of a “reasonable human” of ordinary sensitivities.
(Prior Code, § 11-1-6) (Ord. 97-06, passed - -1997; Ord. 03-01, passed - -2003) Penalty, see § 130.99