It shall be unlawful for any person to create, or assist in creating, permit, continue, or permit the continuance of any unreasonably loud, disturbing, and unnecessary noise in the village. Noise of such character, intensity, and duration as to be detrimental to the life or health of any individual is prohibited. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive, namely:
(A) The sounding of any horn or signal device or any device on any automobile, motorcycle, bus, or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time;
(B) The use of any gong or siren upon any vehicle, other than police, fire, or other emergency vehicle;
(C) The use or operation of any piano, manual or automatic, phonograph, radio, loudspeaker, or any other instrument, or sound amplifying devices so loudly as to disturb persons in the vicinity thereof, or in such a manner as renders the same a public nuisance, however, on application to the Mayor, permits may be granted to responsible organizations to produce programs in music, speeches, or general entertainment;
(D) 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) The use of any automobile, motorcycle, or other vehicle so out of repair or so loaded in such manner as to create loud or unnecessary grating, grinding, rattling, or other noise;
(F) 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;
(G) 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;
(H) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(I) (1) The erection (including excavation), demolition, alteration or repair of any building; the clearing, grading, excavation or fill of any land or lot; the felling of trees; and the use of heavy equipment such as bulldozers, excavators or dump trucks, shall be prohibited at the following times:
(a) Monday through Friday from 6:00 p.m. until 7:00 a.m.;
(b) Saturday and Sunday;
(c) The following holidays:
1. New Year's Day;
2. Martin Luther King Jr. Birthday;
3. President's Day;
4. Memorial Day;
5. Independence Day;
6. Labor Day;
7. Thanksgiving Day; and
8. Christmas Day.
(2) Except where by the nature of the particular project or specified portion thereof it is necessary to have a continuous operation without break, or where the specified work cannot otherwise be performed, the Zoning Enforcement Officer may issue a permit for such work to be carried on at times prohibited as herein mentioned. The following shall be considered an exception and shall be exempt from the provisions of this division:
(a) A resident performing property maintenance to include the trimming of trees and minor maintenance or construction projects.
(b) When necessary to restore electricity, plumbing, heating or air conditioning to a building.
(c) Emergency work necessary to maintain public safety, or to restore property to a safe condition following an accident or natural disaster, or to restore public utilities and infrastructure following an accident or natural disaster, or to protect persons or property from an imminent danger.
(d) When the Zoning Enforcement Officer has issued a blanket and village-wide approval for tree clearing and property maintenance before or after a major weather event.
(J) The creation of loud and excessive noise in connection with loading or unloading of any vehicle, or the opening and destruction of bales, boxes, crates, and containers;
(K) 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;
(L) The shouting and crying of peddlers, barkers, hawkers, and vendors which disturbs the quiet and peace of the neighborhood; or anyone shouting within the corporate limits so as to disturb the peace and quiet of the neighborhood;
(M) The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, sale, or display of merchandise;
(N) The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes except where specific license is received from the Village Council.
(Am. Ord., passed 8-28-19) Penalty, see § 10.99
Statutory reference:
Authority to regulate noises, see G.S. 160A-184