The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this subchapter, but this enumeration shall not be deemed to be exclusive, namely:
(A) Blowing horns. The sounding of any horn whistle or signal device on any automobile, motorcycle, bus or other vehicle or railroad train, except as a danger signal or as required by law, so as to create any unreasonable, loud or harsh sound or the sounding of the device for an unnecessary and unreasonable period of time;
(B) Sirens. The use of any gong or siren upon any vehicle other than police, fire or other emergency vehicle;
(C) Radios, record players and the like. The playing of any radio, television set, record player, musical instrument or sound producing or sound amplifying device in a manner or with a volume particularly during hours between 7:00 p.m. and 7:00 a.m. as to annoy or disturb the quiet, comfort or repose of any person in any dwelling, hotel or other type of residence;
(D) Pets. The keeping of any animal or bird, which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity;
(E) Use of vehicles. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or operated in a manner as to create loud or unnecessary grating, grinding, rattling, screeching of tires or other tires or other noise;
(F) Blowing whistles. The blowing of any steam whistles attached to any stationary boiler, except as a warning of danger or to give notice of the time to begin or stop work;
(G) Exhaust discharge.
(1) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(2) It shall be unlawful to engage, use, operate or employ unmuffled engine compression brakes on any vehicle or any unit constituting a part thereof on any street within the municipal limits designated by resolution of the Town Council for which one or more signs are posted stating that “Unmuffled Engine Braking Prohibited”.
(a) The term ENGINE COMPRESSION BRAKES means a device used for the conversion of the vehicle engine from an internal combustion engine to an air compressor for the purpose of slowing or stopping the vehicle without the use of wheel braking systems.
(b) It shall not be a violation of this division (G), during any event deemed an emergency for the purpose of avoiding a collision with another object, person or vehicle.
(c) This division (G) shall not apply to government owned or operated vehicles.
(H) Compressed air devices. The use of any mechanical device operated by compressed air unless the noise thereby is effectively muffled and reduced;
(I) Building operations. The erection, including excavating, demolition, alteration, or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in the case of urgent necessity in the interests of public safety and then only with a permit from the Building Inspector which permit may be renewed for a period of three days or less while the emergency continues;
(J) Noises near schools and the like. The creation of any excessive noise on any street adjacent to any school, institution of learning, library or sanitarium or court while the same is in session or within 150 feet of any hospital, which unreasonably interferes with the working of the institutions; provided that, conspicuous signs are displayed in the streets indicating that the same is a school, court or hospital street;
(K) Loading and unloading operations. The creation of loud and excessive noise in connection with the loading and unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers;
(L) Bells or gongs. The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof;
(M) Hawking, peddling or soliciting. The shouting and crying of peddlers, hawkers and vendors which disturbs the quiet and peace of the neighborhood;
(N) Noises to attract attention. The use of any bell, drum, loudspeaker or other instrument for the purpose of attracting attention by creation of noise to any performance, show, sale, display or advertisement of merchandise;
(O) Blower, engines. The operation of any noise-creating blower, power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise emitting therefrom is sufficiently muffled and the engine is equipped with a muffler device sufficient to deaden the noise, so that the same shall not cause annoyance;
(P) Appliances and other mechanical devices. The operation of any noise-producing appliance or other mechanical device which, due to operational deficiencies, malfunction or other type of disrepair, causes loud and excessive noises in such a manner as to unreasonably annoy the public or disturb the rest and quiet of persons on adjacent premises or within the vicinity thereof;
(Q) Loudspeakers or amplifiers on vehicles. The use of mechanical loudspeakers or amplifiers on boats, trucks, airplanes or other vehicles for advertising or other purposes; provided that, in the exercise of free speech, loudspeakers or amplifiers may be used for non-commercial purposes under the following conditions:
(1) No wires or other materials or connections for the transmission of power or for other purposes shall be placed on any street, sidewalk or on the ground in any public park or public place. Any wires, materials or connections shall be placed not less than seven feet above the street, sidewalk or ground, except at the point of connection to the loudspeaker or amplifier; and
(2) It shall be unlawful for any person to speak into a loudspeaker or amplifier within the corporate limits of the town, when the loudspeaker or amplifier is so adjusted that the voice of the speaker is amplified to the extent that it is audible at distances in excess of 150 feet from the person speaking.
(R) Commercial and non-commercial amplifiers and loudspeakers. The commercial and non- commercial use of sound amplifying equipment not covered by any other section of this subchapter shall be subject to the following regulations:
(1) The only sounds permitted shall be either music or human speech or both;
(2) It shall be unlawful to operate any sound amplifying equipment within the corporate limits of the town, when the loudspeaker or amplifier is so adjusted that the sound is amplified to the extent that it is audible at a distance in excess of 150 feet from the amplifier or loudspeaker; and
(3) In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.
(S) Garage or filling station. The conducting, operating or maintaining of any garage or filling station in any residential district so as to cause loud or offensive noises to be emitted therefrom between the hours of 11:00 p.m. and 7:00 a.m.; and
(T) Firing or discharging guns. The firing or discharging of a gun, squibs, crackers, gunpowder or other combustible substances in the streets or elsewhere for the purpose of making noise or disturbance, except by permit from the Police Department. However, this division (T) shall not prohibit the possession, sale or use of firing of paper caps and paper cap pistols so long as the same shall not constitute a willful breach of the peace.
(Prior Code, § 96.36) (Ord. passed 10-5-1982; Ord. 24-04, passed 1-11-2024) Penalty, see § 92.99