(A) Subject to the provisions of this section, it shall be unlawful for any person or persons to make, permit, continue or cause to be made or to create any unreasonably loud, disturbing and unnecessary noise in the town, with the exception of construction work done pursuant to a federal, state, county or town contract which requires work to be performed during certain hours. Construction work under these conditions shall be exempt from the provisions of this section.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTURBING. Noise that is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of the area.
UNNECESSARY. Any excessive or unusually loud sound or any sound which is of such character, intensity and duration as to disturb the peace and quiet of any neighborhood or which disturbs, injures or endangers the comfort, repose, health, peace or safety of any person, and being a type of sound which could be lessened or otherwise controlled by the maker without unduly restricting his or her conduct.
UNREASONABLY LOUD. That which is substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace or good order.
(C) In determining whether a noise is unreasonably loud, disturbing and unnecessary, the following factors incident to such noise are to be considered:
(1) Time of day;
(2) Proximity to residential structures;
(3) Whether the noise is recurrent, intermittent or constant;
(4) The volume and intensity;
(5) Whether the noise has been enhanced in volume or range by any type of electronic or mechanical means;
(6) The character and zoning of the area;
(7) Whether the noise is related to the normal operation of a business or other labor activity; and/or
(8) Whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.
(D) A continuing or non-resetting audible burglar or fire alarm shall not be considered a violation of this chapter.
(Ord. passed 9-6-2005) Penalty, see § 91.99