(A) Except as otherwise provided in this chapter, it shall be unlawful for any person to make, create or maintain any noise that is:
(1) Unreasonably loud, injurious to health, indecent, offensive or an obstruction to the free use of property within the town; or
(2) Adversely or substantially affects, annoys, disturbs, injures or endangers the comfort, repose, health and peace and safety of others within the town.
(B) Accordingly, the following acts, among others, are declared to be unlawful noises in violation of this chapter:
(1) Construction or repair of buildings or structures. The erection, demolition, alteration or repair of any building, or the excavation therefor, at any times other than between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. There shall be an exception to this constituting unlawful noise in the case of an emergency or urgent necessity in the interest of public health and safety, but then only with a permit from the Chief of Police, which permit may be granted for a period not to exceed three days while the emergency or urgent necessity continues and which permit may be renewed for an additional period up to three additional days while the emergency or urgent necessity continues. Upon application made at the time the permit for the work is issued or during the progress of the work, if the Chief of Police determines that unlawful noise shall not be made, created or maintained by the erection, demolition, alteration or repair of any building, or the excavation therefor, between the hours of 7:00 p.m. and 7:00 a.m., or at any time on Sunday, he or she may grant permission for such work to be done between the hours of 7:00 p.m. and 7:00 a.m., or on Sunday;
(2) Music and electronic devices. Playing, using or operating, or permitting to be played, used or operated, any radio or television receiving set, musical instrument or other machine or electronic device for producing or reproducing sound in such a manner as to make, create or maintain an unlawful noise, or at any time with volume louder than is necessary for convenient hearing of the person or persons who are in the room, vehicle or chamber in which such machine or electronic device is operated. The operation of such set, instrument, machine or electronic device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible in the immediate vicinity of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this division (B)(2);
(3) Exhaust. The discharge into the open air of any unlawful noise created by the exhaust of any internal combustion engine, or any type of engine or power unit on a motorcycle or other motor vehicle or craft of any kind, except through a muffler or other device that will effectively reduce and prevent unlawful noise therefrom. A motor vehicle must be equipped with a muffler or other noise dissipation device that is in good working order and is in constant operation to prevent unlawful noise; and
(4) Special use vehicles and equipment. The operation of off-road vehicles, ATVs, snowmobiles and other special use vehicles shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m.
(1996 Code, § 9-77) (Ord. 2005-09, passed - -) Penalty, see § 92.99