Except as otherwise provided in this subchapter, it shall be unlawful for any person to make, create or maintain any noise that is: (1) unreasonably loud, injurious to health, indecent, offensive or an obstruction to the free use of property within the town; or (2) adversely or substantially affects, annoys, disturbs, injures or endangers the comfort, repose, health and peace and safety of others within the town. Accordingly, the following acts, among others, are declared to be unlawful noises in violation of this subchapter.
(A) Construction or repair of buildings or structures. The erection, demolition, alteration or repair of any building, or the excavation therefore at any times other than between the hours of dusk to dawn, Monday through Sunday. There shall be an exception to this constituting unlawful noise in the case of an emergency or urgent necessity in the interest of public health and safety, but then only with a permit from the Town Building Inspector which permit may be granted for a period not to exceed three days while the emergency or urgent necessity continues and which permit may be renewed for an additional period up to three additional days while the emergency or urgent necessity continues.
(B) Music and electronic devices. Playing, using or operating, or permitting to be played, used or operated, any radio or television set, musical instrument, or other machine or electronic device for producing or reproducing sound in such a manner as to make, create or maintain an unlawful noise, or at any time with volume louder than is necessary for convenient hearing of the person or persons who are in the room, vehicle or chamber in which such machine or electronic device is operated. The operation of such set, instrument, machine or electronic device between the hours of 11:00 p.m. and 7:00 a.m., Sunday through Thursday, and between 12:00 midnight and 7:00 a.m, Friday and Saturday in such a manner as to be plainly audible in the immediate vicinity of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this division.
(C) Exhaust. The discharge into the open air of any unlawful noise created by the exhaust of any internal combustion engine, or any type of engine or power unit on a motorcycle or other motor vehicle or craft of any kind, except through a muffler or other device that will effectively reduce and prevent unlawful noise therefrom except for farm vehicles. A motor vehicle must be equipped with a muffler or
other noise dissipation device that is in good working order and is in constant operation to prevent unlawful noise.
(D) Special use vehicles and equipment. The operation of off-road vehicles, ATPS, snowmobile and other special use vehicles shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 2018-2, passed 6-18-2018; Ord. 2018-5, passed 6-18-2018)