(A) It shall be unlawful for any person, firm or corporation to create or assist in creating any unreasonably loud, disturbing sound levels in the town, taking into consideration volume, duration, frequency and other characteristics of the sound. For the purposes of this section, a noise disturbance shall be presumed to exist where the sound or noise caused by any activity described herein is plainly audible within any occupied structure not the source of the sound or noise, such that a reasonably prudent person would recognize as likely to unreasonably disturb persons in the vicinity.
(B) The following activities are hereby declared to be unreasonably loud, disturbing sound levels; this enumeration shall be deemed to be illustrative and shall not be deemed to be exclusive:
(1) General prohibitions. It shall be unlawful to create, cause, or allow the continuance of any unreasonably loud, disturbing, or frightening noise, which substantially interferes with neighboring businesses and/or residents' reasonable use and enjoyment of their properties and plainly audible from any distance from the property on which the sound originates.
(2) Instruments; sound amplifiers. The playing of any musical instrument or electronic sound amplification equipment including any reverberation caused by such instruments are prohibited during the hours between 11:00 p.m. and 7:00 a.m. on Friday and Saturday except legal holidays and between 9:00 p.m. and 7:00 a.m. Sunday through Thursday except legal holidays.
(3) Garbage disposal. The dumping or emptying of garbage contains into garbage trucks; operating exterior mechanical trash compactor; or placing or removing of garbage containers with motor vehicles shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m.
(4) Horns and signaling devices. The intentional sounding of any horn or signaling device of a motor vehicle on any street, public right-of-way or public place of the town.
(5) Animals. The keeping of any animal or bird which makes frequent or long, continued sounds that would unreasonably disturb persons of ordinary and reasonable sensibilities in the vicinity.
(6) Construction activities. The erection (including excavation), repair, assembly, alteration, landscaping or demolition of any building in a residential or business district and use of any power equipment from other than between the hours of sunset to 7:00 a.m., except in the case of emergency work or urgent necessity in the interest of public safety.
(7) Vehicles. The use of any automobile, motorcycle or vehicle so out of repair, or in such a condition as to create unreasonably loud, disturbing sounds.
(8) Garages. The operating of any garage or service station in any residential area so as to cause unreasonably loud, disturbing sounds to be emitted on any day.
(9) Explosives. The use of firing of explosives, firearms, fireworks, or similar devices which create an explosive sound.
(10) Power equipment. Operating or permitting the operation of any power saw, sander, drill, grinder, leaf blower, lawn mower, or other garden equipment, or tools of a similar nature, outdoors from sunset until 7:00 a.m.
(11) Specific locations. The creation of unreasonably loud, disturbing sound levels adjacent to any school, educational facility, church or court during normal operating hours or adjacent to any hospital which a person of ordinary and reasonable sensibilities would recognize as likely to unreasonably interfere with the working of such institutions; provided that, conspicuous signs are displayed indicating that such area is a school, educational facility, church, court or hospital area.
(C) Scope. This subchapter shall apply to all sound, vibration and noise originating within the corporate limits of the town. Nothing in this subchapter shall be construed to limit or prevent the town or any person from pursuing any other legal remedies for damages or the abatement of noises in the town.
(OC, § 8-6-1) (Am. Ord. passed 12-17-96; Am. Ord. 2019-O2, passed 2-12-19) Penalty, see § 10.99