(A) It shall be unlawful for any person, group of persons, or property owner to cause, make, or contribute to the creation of any loud or disturbing noise of such character, intensity, or duration as to be detrimental to the life or health of any individual or such noises as disturb the normal quiet and peace of any citizen of the town.
(B) The following acts, among others, are declared to be loud, disturbing, annoying, and unnecessary noise in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) Horns, signal devices. The sounding or blowing of any horn, signal device, or music from any automobile, motorcycle, motor bus, or other vehicle (except as a danger signal if another vehicle is approaching apparently out of control or if in motion only as a danger signal), the creation by means of any signal device of any loud or harsh noise, and the sounding of such device for any unnecessary or unreasonable period of time;
(2) Radios, phonographs, and the like. The playing of any radio, phonograph, amplifying device, or any musical instrument in such a manner or with such volume as to annoy or disturb any person or the playing of any such instrument in such a manner as to annoy or disturb the quiet, comfort, or repose of any person in any dwelling, hotel, or other residence;
(3) Pets. The keeping of any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity;
(4) Vehicle equipment. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or used or repaired or modified in such manner as to create loud or unnecessary noises, particularly grating, grinding, rattling, riveting, or other disturbing noises exceeding 60 dBa measured at a distance of 50 feet or greater from the motor vehicle;
(5) Whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger;
(6) Exhaust discharge. To discharge into the open air the exhaust from any steam engine, stationary internal combustion engine, motorboat engine, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(7) Devices using compressed air. The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(8) Budding operations. The erection (including excavation), demolition, alteration, or repair to the exterior of any building in a residential or business district other than between the hours of 7:00 a.m. and 9:00 p.m., Monday through Sunday, except in cases of urgent necessity in the interest of public safety;
(9) Noises near schools, hospitals, churches, and like. The creation of any excessive noise on any street adjacent to any school, institution of learning, library, sanitarium, hospital, or court (while the same is in session) or adjacent to any church during church services which interferes with work or worship in any such place or institution; provided, signs must be displayed on such streets indicating that the same is a school, hospital, church, library, sanitarium, or court;
(10) Loading and unloading operations. The creation of loud and excessive noise in connection with loading or unloading any vehicle or repairing any vehicle or opening and destroying bales, boxes, crates, and containers;
(11) Bells, gongs. The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of any person in the vicinity excluding church bells thereof;
(12) Hawking, peddling, and/or soliciting. Shouting, loud talking, crying, or soliciting by peddlers, hawkers, taxi drivers, solicitors, vendors, and the like which disturbs the quiet and peace of the neighborhood or any person therein;
(13) Attention-getting devices. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention to any performance or event, show, or sale or the display or advertisement of merchandise by the creation of noise;
(14) Loudspeakers or amplifiers on vehicles. The use of any mechanical loudspeakers or amplifiers on trucks, airplanes, or other vehicles for advertising or other purposes except by special permission of the Chief of Police; and
(15) Business noise at night near residences. The operation of any garage, filling station, auto repair business, taxi business, plant, store, factory, or other place of business between the hours of 9:00 p.m. and 7:00 a.m. in such manner as to create loud and disturbing noises of such frequency or such volume as to annoy or disturb the quiet and comfort of any citizen and, particularly, the creation of disturbing noises of such frequency and volume as to annoy or disturb the quiet, comfort, peace, or repose of any person in any dwelling, hotel, boardinghouse, or other type of residence.
(C) Standards, instrumentation, personnel, measurement procedures, and recording procedures to be used in the measurement of sound, as provided for in this section, shall be as follows.
(1) Sound level measurement shall be made with a sound level meter using the “A” weighting scale.
(2) Sound level meters shall be at least type two, meeting American National Standard Institute Incorporated requirements.
(3) Sound measurement will be done at the curtilage of the property which is the subject of the complaint or 50 feet from the noise if not on private property.
(4) Daytime hours for the noise restrictions will begin at 7:00 a.m. and last until 9:00 pm. Nighttime hours will be from 9:00 p.m. until 7:00 a.m. Below are the permitted decibel levels:
Times | Residential | Multi-family | Commercial/ Institutional | |
Day | 7:00 a.m. to 9:00 p.m. | 65 dBa | 60 dBa | 70 dBa |
Night | 9:00 p.m. to 7:00 a.m. | 60 dBa | 55 dBa | 65 dBa |
(D) Exceptions to this section include:
(1) Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm systems used in an emergency situation; however, burglar alarms not terminating within 30 minutes after the responsible person shall be unlawful;
(2) Warning devices required by OSHA or other local, county, state, or federal safety regulations;
(3) Noise created by any aircraft flight operations which are specifically preempted by the Federal Aviation Administration;
(4) Noise created by sporting events, wedding bells, and publicly-sponsored recreational activities such as permitted events and parades;
(5) Equipment used for grass-cutting services not limited to lawnmowers, weed eaters, blowers, and the like during daylight hours;
(6) Any businesses with existing noise violations which have continuously operated and existed prior to the passage date of the ordinance from which this section derives shall follow the provisions in place at the time of its passage, not to exceed five years; and
(7) Any permitted event or activity approved by any government agency.
(E) The Town Manager, Chief of Police, or their designee(s) shall have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this section shall prevent the Town Manager or Chief of Police or their designee(s) from obtaining voluntary compliance by way of warning, notice, or education.
(F) If a person’s conduct violates this section, the person must be ordered to cease and desist and have the opportunity to move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued.
(Ord. 04-23, passed 2-9-2023) Penalty, see § 93.99