Section
General Provisions
92.01 Noise control
92.02 Purpose of noise control
92.03 Noise definitions
92.04 Noise exceptions
92.05 Noise permits
92.06 Noise penalty
Health and Sanitation
92.10 County health regulations; health officer
92.11 Privies and septic tanks regulated
92.12 Depositing human waste
92.13 Stagnant water
92.14 Food and eating establishments
92.15 Construction projects; requirements
92.16 Unlawful to release balloons within the town’s corporate limits
Weeds and Refuse
92.25 Conditions causing a nuisance
92.26 Complaint and investigation
92.27 Notice to abate
92.28 Hearing
92.29 Removal by town
92.30 Cost incurred by owner
92.31 Unpaid charges become a lien
92.32 Alternative remedies
Abandoned Vehicles
92.45 Definitions
92.46 Abandoned or junked vehicles prohibited
92.47 Duty of owner to remove
92.48 Failure of owner to remove
92.49 Removal authorized; notice
92.50 Disposition of vehicle; procedures
92.51 Disposal of vehicle with owner’s consent
92.52 Immunity
92.53 Exceptions
GENERAL PROVISIONS
(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
(A) It is recognized that excessive and unnecessary noise endangers the physical and emotional health and welfare of the people, interferes with legitimate business and recreational activity, increases construction costs, depresses property values, offends the senses, creates public nuisances and in other respects reduces the quality of life.
(B) Furthermore, control of excessive and unnecessary noise that may jeopardize human health or welfare or substantially degrade the quality of life is well within the purview of the town police powers, it is declared to be the purpose of this subchapter to prevent, prohibit and provide for the control and abatement of excessive and unnecessary noise which may injure the physical and emotional health or welfare of its citizens or degrade the quality of life.
(Ord. 2019-O2, passed 2-12-19)
AMPLIFIED SOUND. Any sound or noise, including the human voice that is increased in volume or intensity by means of electrical power.
BASS. Sound considered at the lower half of the whole vocal or instrumental tonal range; vocal or instrumental that produces a very deep sound.
CONSTRUCTION. Erection, repair, assembly, alteration, landscaping or demolition of any building or buildings in sight.
DISTURBING. Noise which is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of the area.
EMERGENCY WORK. Any work performed for the purposes of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.
EVENT. A gathering of people for the purpose of recreation, entertainment, worship, fundraising, or cultural activity outdoors on a zoning lot, or other property, where amplified sound is emitted from the property.
NOISE. Any sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. Any sound that is unwanted and/or unwanted sound not occurring in the natural environment and that causes or tends to cause an adverse psychological or physiological effect on human beings. Noise can also be one or a group of loud, harsh, non-harmonious sounds or vibrations that are present and irritating to the ear and any undesired plainly audible sound.
NOISE IMPACT. The extent to which a level of noise interferes with the full utilization of land.
NOISE POLLUTION. Continuous or episodic excessive noise in the human environment; any sound which endangers or injures the safety or health of human beings or annoys or is objectionable to a reasonable person of normal sensitivity.
NOISE SOURCE. The activity responsible for the noise in question or noise which in fact exceeds [said] standards.
PERSON. Any individual, association, firm, partnership or corporation.
PERSON RESPONSIBLE. An owner, occupant, employee, agent or any other person who is or appears to be responsible for a premises, dwelling, or business or a noise-producing machine or device.
PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC PLACE. Any public way, park, cemetery or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.
OFFENDER. A person who commits an illegal act.
OUTDOOR AMPLIFIED SOUND. Any sound using sound amplifying equipment where such equipment is located outside of a residential or commercial structure or within such structures where it is obvious that the sound emitted from the amplifying equipment is intended to be transmitted to the outside through open doors or windows or other openings in the structure.
PLAINLY AUDIBLE. Able to be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The officer need not determine the title, specific words, or the artist performing the song. Simply, words or phrases need not be discernible and bass reverberations are included.
REVERBERATION. Created when a sound or signal is reflected causing a larger number of reflections to build up and then decay as the sound is absorbed by the surfaces of objects in the space which could include furniture, people and air.
SOUND AMPLIFYING EQUIPMENT. Any device for the amplification of the human voice, music, or any other sound, including televisions, electronic loud speakers, jukeboxes, stereos, compact disc players and radios.
UNNECESSARY NOISE. Any excessive or unusually loud sound which disturbs the peace and quiet of any neighborhood or which does annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of any reasonable person of ordinary sensibilities or causes damage to property.
UNREASONABLY LOUD, DISTURBING OR EXCESSIVE NOISE. Noise which is substantially incompatible with the time and location where created to the extent that is creates and actual or imminent interference with peace or good order. Any sound which because of its volume, level, duration or character disturbs, discomforts, injures or endangers the health, peace or safety of a reasonable person with normal sensitivities.
(Ord. 2019-O2, passed 2-12-19)
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