It shall be unlawful for any person, firm or corporation to create or assist in creating any unreasonably LOUD AND DISTURBING NOISE, which term shall mean any sound which, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the town. The term LOUD AND DISTURBING NOISE shall be limited to loud and disturbing noise heard upon the public streets, in any public park, in any school or public building or upon the grounds thereof while in use, in any church or hospital or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, or in any occupied residential unit which is not the source of the noise or upon the grounds thereof.
(A) (1) The playing by any person, firm, or corporation, use, operate, or permit to be played, used or operated any television, radio, audio system in a motor vehicle, record, tape or compact disc player, drum, musical instrument, loudspeaker, communication system, amplification system, or any other sound production or reproduction system or device in such a manner that it is plainly audible (i) across property boundaries or inside the confines of the dwelling unit, house or apartment of another person, between the hours of 11:00 p.m. and 8:00 a.m., or (ii) at a distance of 100 feet or more in any direction from the device.
(2) For purposes of this division (A), PLAINLY AUDIBLE means any sound that can be detected by a person using his or her unaided hearing faculties. Specific words or phrases need not be discernible. The detection of bass reverberations is sufficient to constitute a plainly audible sound.
(B) The keeping of any animal or bird which makes frequent or long continued sounds, that a reasonably prudent person would recognize as likely to unreasonably disturb persons in the vicinity.
(C) The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in the manner as to create unreasonably loud, disturbing sounds.
(D) The operating of any garage or service station in any residential area so as to cause unreasonably loud, disturbing sounds to be emitted between the hours of 9:00 p.m. and 7:00 a.m. on any day.
(E) The creation of unreasonably loud, disturbing noise adjacent to any school, educational facility, church or court during normal operating hours, or within 150 feet of any hospital, which a reasonably prudent person would recognize as likely to unreasonably interfere with the working of the institutions, provided conspicuous signs are displayed indicating that the area is a school, educational facility, church, court or hospital area.
(F) The erection (including excavation), demolition, alteration or repair of any building in a residential or business district is strictly prohibited on Sunday, except in the case of urgent necessity in the interest of public safety, and then only with a permit given by an appropriate town official, which permit may be renewed for a period of three days or less while the emergency exists.
(G) The use of any loud, boisterous or raucous language or shouting that a reasonably prudent person would recognize as likely to unreasonably disturb persons in the vicinity.
(H) The sounding of any horn or signal 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; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of the device for an unreasonable period of time that a reasonably prudent person would recognize as likely to unreasonably disturb persons in the vicinity.
(1992 Code, §§ 96.01, 96.02) (Ord. O-31-04089596, passed 4-8-1996; Ord. 01-O-22, passed 10-8-2001; Ord. 19-O-062, passed 6-10-2019)