(A) It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud or disturbing noise in the municipality except as expressly allowed pursuant to division (E) below. The following are declared to be loud or disturbing noises in violation of this section, but such acts shall not be deemed to be exclusive.
(1) Except as required by law, no person shall blow or cause to be blown within the municipality any steam whistle, electric horn, or other signaling or warning device, except as alarm signals in case of fire or collision or other imminent danger.
(2) It shall be unlawful to keep, stable, harbor or maintain any animal or bird which disturbs the comfort or repose of any persons in the vicinity by making continually or frequently loud noise.
(3) It shall be unlawful to use, maintain or operate loudspeakers, sound trucks, amplifiers or other mechanical or electrical devices for increasing the volume of sound upon the street, sidewalks, parks or other public places of the town, except as permitted under division (E) below.
(4) It shall be unlawful for any person to make any noise on a public street or in such proximity thereto as to be distinctly and loudly audible on such street by any kind of crying, calling or shouting or by means of any whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument or other device for the purpose of attracting attention or of inviting patronage of any persons to any business whatsoever. It is the express intention of this division (A)(4) to prohibit hawking, peddling, soliciting or using other loud noises to attract attention to a business and not to prohibit the spill-over noise emanating from a lawfully operating business.
(5) It shall be unlawful to play any radio, hi-fi, stereo system, phonograph, C.D. player, piccolo, television or any musical instrument in such manner or with such unreasonably loud volume as to disturb any person, or to play such instrument in such a manner as to disturb the quiet, comfort or repose of any person in any dwelling or other residence.
(6) It shall be unlawful to use any automobile, motorcycle or other vehicle in such a state of disrepair, or so loaded, or used or repaired in such a manner as to create loud or disturbing noises, particularly grating, grinding, rattling, riveting or other disturbing noises.
(7) It shall be unlawful to discharge into the open air the exhaust from any steam engine, stationary internal combustion engine, motor boat engine, motorcycle or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(8) It shall be unlawful to create any excessive noise on any street adjacent to any school, institution of learning, library, or court, while the same is in session, or adjacent to any church during church services, which interferes with the work or worship at any such place or institution.
(B) It shall be unlawful for any person, entity or establishment to play, operate or cause to be played or operated, any radio, amplified musical instrument (including, but not limited to, brass or drum instruments), or other amplification device or apparatus making or reproducing musical or other sounds after 10:00 p.m. and before 10:00 a.m. Sunday through Thursday and after 11:00 p.m. and before 10:00 a.m. Friday and Saturday in such a manner as to be plainly audible in any street or right-of-way.
(C) It shall be unlawful for any person to operate or use any piledrivers, steam shovels, pneumatic hammers, derricks, steam or electric hoists, or other apparatus, the use of which is attended with loud or disturbing noises, between the hours of 7:00 p.m. and 7:00 a.m.
(D) It shall be unlawful to use, maintain or operate loudspeakers, sound trucks, amplifiers or other mechanical or electrical devices for increasing the volume of sound, upon the streets, sidewalks, parks or other public places of the town except as provided under division (E) below; provided that nothing in this section shall apply to the United States of America, the state, the county nor the town, nor to public agencies.
(E) (1) Notwithstanding any other provision of this section, on application to, and approval by the Chief of Police, written permits may be granted to broadcast programs of music, speeches, general entertainment or announcements as a part of and incidental to community celebrations of national, state or town occasions, public festivals or other public interest events, upon the public parks, public right-of-ways or other public land of the town, state or county, provided traffic on the streets is not obstructed by reason thereof.
(2) In determining whether or not to issue such a permit, the Chief of Police shall weigh the public interests in the event against the noise and disturbance anticipated to be created by the event and must consider the intensity and duration of the noise and the area that will likely be effected. The language or content emanating from the event shall not be considered.
(F) None of the foregoing prohibitions shall apply to or be enforced against:
(1) Any vehicle of the town while engaged in necessary public business;
(2) Excavations or repairs of bridges, streets or highways, by or on behalf of the town, county or state during the night, when the public welfare and convenience renders it impossible to perform that work during the day; nor shall the same apply to work performed by public utility companies under like conditions and circumstances, or when there is urgent necessity therefor; or
(3) The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.
(G) It shall be unlawful for any person to yell, shout, hoot, whistle or sing 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 persons in any office, or in any dwelling, or other type of residence, or of any persons in the vicinity.
(Prior Code, § 14-15) (Ord. passed 8-20-2002; Ord. passed 7-20-2010) Penalty, see § 132.99