(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 the enumeration shall not be deemed to be exclusive:
(1) Horns, signaling devices, and similar devices. The sounding of any horn or signaling device on any truck, truck combination, automobile, motorcycle, scooter 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 device for an unnecessary or unreasonable period of time as may be necessary to warn of an imminent danger. 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 any signaling device when traffic is for any reason held up or moving slower than the normal flow.
(2) Radios, phonographs, tape recorders, compact disc players, digital music players, musical instruments and similar devices. The using, operating, or permitting to be played, used, or operated any radio, phonograph, tape recorder, compact disc player, digital music player, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, comfort or repose of the neighboring inhabitants or at any time on a public street, municipal parking area, public sidewalk or Town park; or on public or private property in an area zoned as a residential district; or between the hours of 11:00 p.m. and 7:00 a.m. in an area zoned a commercial district, 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 set, instrument, phonograph, machine, or device at any time on a public street, municipal parking area, public sidewalk or town park; or in an area zoned as a residential district or between the hours of 11:00 p.m. and 7:00 a.m. in an area zoned as a commercial district in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle or place 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 similar activities. Yelling, shouting, hooting, whistling, or singing on a public street, municipal parking area, public sidewalk or Town park; or on public or private property in an area zoned as a residential district,, 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 similar creatures. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the peace, quiet, comfort or repose of any person in the vicinity.
(6) Steam whistles/sirens. 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 truck, truck combination, automobile, motorcycle, scooter 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. The erection (including the excavation), demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, defined as Monday through Friday, and between the hours of 9:00 a.m. and 7:00 p.m. on Saturdays. Construction and repair of buildings shall not take place outside of these specified times or on federal holidays, except in the case of urgent necessity, in the interests of public health and safety, and then only with a permit from the Chief Building Inspector, or designee. Such permit may be granted for a period not to exceed 3 days or less while the emergency continues and which permit may be renewed for periods of 3 days or less while the emergency continues. If the Chief Building Inspector, or designee, 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 7:00 p.m. and 7:00 a.m. for weekday work or within the hours of 7:00 p.m. and 9:00 a.m. for Saturday work, and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for the work to be done within the hours of 7:00 p.m. and 7:00 a.m. for weekday work or within the hours of 7:00 p.m. and 9:00 a.m. for Saturday work, upon application being made at the time the permit for the work is awarded or during the progress of the work. The restrictions under this section shall not pertain to the following activities:
(a) Interior work on an occupied dwelling at any time that does nor produce noise that a reasonably prudent person would recognize as likely to unreasonably disturb persons on adjacent property or in the vicinity;
(b) Emergency repairs to dwellings or structures that are needed to protect health or property;
(c) On Sundays and federal holidays, home maintenance and improvement tasks may be
performed by home occupants with or without unpaid/un-contracted assistance, between the hours of 10:00 a.m. and 7:00 p.m. using power and hand tools that are generally available for retail sale from home improvement and hardware stores as long as said work does not produce noise that a reasonably prudent person would recognize as likely to unreasonably disturb persons on adjacent property or in the vicinity.
(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 the institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed on the 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, quiet, comfort or repose of any person in the vicinity.
(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, quiet, comfort or repose of any person in the vicinity.
(15) Pile drivers, hammers, and so forth. The operation 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, between the hours of 7:00 p.m. and 7:00 a.m. in an area zoned as a residential district or between the hours of 11:00 p.m. and 7:00 a.m. in an area zoned as a commercial district. The operation of any such device between the hours of 7:00 p.m. and 7:00 a.m. in an area zoned as a residential district or between the hours of 11:00 p.m. and 7:00 a.m. in an area zoned as a commercial district, in such a manner as to be plainly audible at a distance of 50 feet from the location in which it is being used shall be prima facie evidence of the violation of this provision.
(16) Blowers, fans, internal combustion engines and similar devices. With the exception of routine maintenance at commercial golf courses, 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, between the hours of 7:00 p.m. and 7:00 a.m. in an area zoned as a residential district or between the hours of 11:00 p.m. and 7:00 a.m. in an area zoned as a commercial district, unless the noise from the blower, fan, internal combustion device or similar device is muffled and the engine is equipped with a muffler device sufficient to deaden the noise. The operation of any such blower, fan, internal combustion engine or similar device between the hours of 7:00 p.m. and 7:00 a.m. in an area zoned as a residential district or between the hours of 11:00 p.m. and 7:00 a.m. in an area zoned as a commercial district, in such a manner as to be plainly audible at a distance of 50 feet from the location in which it is being used shall be prima facie evidence of the violation of this provision.
(C) The noise ordinance shall be in effect except when the Town Council has adopted a resolution authorizing street repairs by a governmental unit for a specific portion of a street or streets during a specified time period.
(1989 Code, § 90.51) (Ord. passed 12-14-1982; Am. Ord. 1478, passed 7-10-2012; Am. Ord. 1822, passed 2-11-2020; Am. Ord. 1826, passed 4-14- 2020)