(A) It shall be unlawful for any person to create, permit or continue any loud, disturbing, unnecessary or unusual noise. Noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others or of actual physical discomfort to a person of ordinary sensibilities is prohibited within the town limits. Parents or guardians will be held responsible for the actions of their minors.
(B) The following acts, among others, are declared to be loud, disturbing and excessive noises in violation of this subchapter; provided, however, that such enumeration shall not be construed to be exclusive of other noises:
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended or to signal a backing-up of the vehicle; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time;
(2) The playing or operation of any radio, television, phonograph, stereo, computer, CD player, cassette player, loudspeaker or similar sound-producing or sound-emitting device or any musical instrument in such a manner, or with such volume, particularly during the hours between 9:00 p.m. and 7:00 a.m., as to unreasonably disturb any person in the vicinity thereof;
(3) The use of any automobile, motorcycle, streetcar or vehicle so out of repair, so loaded or operated in such manner as to create loud or unnecessary noises such as spinning or squealing tires, grating, grinding, rattling or other noise;
(4) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger;
(5) The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(6) The use of any mechanical device operated by compressed air, except pneumatic drills, unless the noise thereby created is effectively muffled and reduced;
(7) The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays, except in case of urgent necessity in the interest of public safety, and then only with a permit from a duly authorized agent of the Town of South Congaree which permit may be renewed for a period of three (3) days or less while the emergency continues;
(8) The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while the same are in session, or adjacent to any hospital or church or place of worship, which unreasonably interferes with the working of such institution;
(9) The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers;
(10) The sounding of any bell or gong attached to any building or premises which is reasonably calculated to disturb a person of ordinary disposition if such person were in the vicinity thereof;
(11) The shouting and crying of peddlers, hawkers and vendors which disturb the quiet and peace of the neighborhood;
(12) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale of merchandise; and
(13) The use of loudspeakers or amplifiers on trucks or other vehicles.
(C) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
UNREASONABLY LOUD, EXCESSIVE OR DISTURBING NOISE. Any sound regulated by this subchapter which is plainly audible at a distance of 50 feet from its source.
(D) Noises audible in public streets or public places which violate the standards of this subchapter are hereby declared to be public nuisances which may be abated by any law officer.
(E) The provisions of this section shall not apply to:
(1) Noises from any authorized emergency vehicle;
(2) Noise from church bells or chimes;
(3) Noises resulting from events of an entertainment or recreational nature which are held in the city, parks, public buildings or elsewhere such as to broadcast programs of music, speeches or general entertainment as a part and in recognition of the community celebration of national, state or city events, public festivals or outstanding events to the extent allowed under the terms of the permit issued by the City Administrator or his or her designee; and
(4) Noises resulting from parades to the extent allowed under the terms of the permit issued by the City Administrator or his or her designee.
(F) The owning, possession or harboring of any animal which frequently, or for continued duration, howls, barks, meows, squawks or makes other sounds which create excessive and unnecessary noise across a residential or commercial real property line or within a noise sensitive area.
(G) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BARKING DOG. A dog that barks, bays, cries, howls or makes any other noise continuously or incessantly for a period of ten (10) minutes, or barks intermittently for one-half (1/2) hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. However, a dog shall not be deemed a BARKING DOG if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated.
(H) The complaints of more than one (1) persons and/or the complaint of a police officer are prima facie evidence that a sound regulated by this section annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others in violation of this subchapter.
(I) Any persons violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500 or be imprisoned in the county jail for a period not exceeding 30 days or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(J) In addition to the penalty provided by division (I) of this section, and as an additional remedy, the operation or maintenance of any device, instrument or machinery in violation of any provisionof this subchapter which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(1985 Code, § 26-51) (Am. Ord. 2020-02, passed 1-21-2020) Penalty, see § 93.99
Cross-reference:
Nuisances, see § 94.01