(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
EMERGENCY WORK. Any work performed for preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
NOISE. A sound which annoys or disturbs humans, or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE. The creating of any unreasonably loud and disturbing sound of such character, intensity, or duration as to be detrimental to the life or health of an individual, or which annoys or disturbs a reasonable person of normal sensitivities.
PLAINLY AUDIBLE. The listener can clearly hear the content of the sound produced by the noise source. Sounds which may be CLEARLY AUDIBLE include, but are not limited to, musical rhythms, spoken words, vocal sounds, and engine noises.
(B) Prohibited generally.
(1) General prohibitions. In addition to the specific prohibitions outlined below, if any person willfully or maliciously disturbs, either by day or night, the peace and quiet of any town, neighborhood, family, or person by any unreasonably loud or disturbing sound of such character, intensity, or duration as to be detrimental to the life or health of an individual, or which annoys or disturbs a reasonable person of normal sensitivities, or safety of an individual or disturbance of the public peace and welfare is prohibited.
(2) Specific prohibitions. The following acts are declared to be a nuisance and in violation of this section:
(a) The sounding of horns, whistles, sirens, firearms, explosives, fireworks, or other such alarm, whether manual or power operated, or any unreasonably loud or harsh sound, or the sounding of such device for an unnecessary and unreasonable period of time shall be a violation of this chapter.
(b) The use of an amplification device, radio, television, phonograph, drum, musical instrument, or similar device which produces, reproduces, or amplifies sound shall be deemed annoying or disturbing to a person, reasonably calculated to disturb the peace and unreasonably offensive and injurious to the public if the sound is produced between the hours of 8:00 p.m. and 5:00 a.m., and is plainly audible at a distance of 150 feet or more from the source of the sound.
(c) Yelling, shouting, hooting, whistling, or singing as to annoy or disturb the quiet, comfort, or repose of any person shall be in violation of this chapter.
(C) Exemptions. The provision of this section shall not apply to the following:
(1) The emission of sound for alerting persons to the existence of an emergency;
(2) Emergency response vehicles;
(3) The emission of sound in the performance of emergency work;
(4) Vehicles of the town while engaged upon necessary public business;
(5) Activities conducted on or in municipal facilities which are approved, sponsored, or sanctioned by the town;
(6) Activities conducted on or in school facilities which are approved, sponsored, or sanctioned by the school; and/or
(7) Fireworks displays authorized by the town.
(D) Motor vehicles.
(1) The use of any vehicle in such a condition or manner as to cause unreasonably loud grating, grinding, rattling, or other noise shall be a violation.
(2) Between the hours of 8:00 p.m. and 5:00 a.m., no person shall permit a vehicle to be parked for more than 15 minutes within 250 feet of any residential property unless each engine in or upon the vehicle is switched off and is not operating, or unless the sound generated by the engine is entirely inaudible from the immediate exterior of the vehicle.
(3) Operating or causing to be operated any motor vehicle, unless the exhaust system is:
(a) Free from defects which affect sound reduction;
(b) Equipped with a muffler or other noise dissipative device;
(c) Not equipped with any cut-out, bypass, or similar device; and
(d) Not modified in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by a muffler of the type originally installed on the vehicle.
(4) Operating or permitting the operation of any of the following between the hours of 8:00 p.m. and 5:00 a.m.:
(a) Power equipment used for the performance of construction and/or repair of home or accessory structures, ground maintenance or auto repair including, but not limited to, power tools, lawn mowers, or garden equipment; and/or
(b) Commercial power equipment for the performance of construction, demolition, and/or repair work; excluding town vehicles in the performance of emergency repair work.
(E) Permits. Any person or business may apply for a permit to conduct activities which might otherwise violate this chapter. The Town Board of Trustees may impose such limitations as time and geographic area for such activity.
(Ord. 16-12-02, passed 12-21-2016) Penalty, see § 132.99