No person shall make, continue or cause or suffer to be made or continued any unreasonable noise, as defined in §
101-1B hereof, or such unreasonable and unnecessary noise of such material character, intensity or duration as to be detrimental to the life, health or welfare of any individual or which annoys, disturbs, injures or endangers the comfort, safety, repose, peace or safety of any individual. In particular, but within limitation, the following enumerated acts are declared to be in violation of this section:
A. Sound reproduction devices.
(1) No person shall operate or cause to be operated a sound
reproduction device that produces unreasonable noise. The operation of any
such device in such a manner as to create unreasonable noise across a real
property boundary is prohibited.
(2) No person shall operate, use or cause to be used any
sound reproduction device for commercial or business advertising purposes
or for the purpose of attracting attention where the sound therefrom may be
heard upon any street or public place. Nothing in this subsection is intended
to prohibit sounds emanating from authorized sporting, entertainment or other
public events where such devices are used.
B. Shouting and peddling.
(1) No person shall shout, yell, call, hoot, whistle or sing
on public streets or in public places so as to cause unreasonable noise.
(2) No person shall call for the purpose of advertising goods,
services, wares or merchandise within any area zoned for residential use so
as to cause unreasonable noise. The provisions of this subsection shall not
apply to the sale of merchandise, food and beverages at authorized entertainment
events such as parades, fairs and sporting events.
C. Squealing tires. No person shall operate a vehicle in
such a manner as to cause unreasonable noise by purposely, recklessly or negligently
spinning or squealing the tires of such a vehicle.
D. Noise-sensitive zones. No person shall cause or permit
the creation of any sound by means of any device or otherwise on any sidewalk,
street or public place adjacent to any school, house of worship or public
library while such facility is in use so that such sound disrupts the normal
activities conducted at such facilities or disturbs or annoys persons making
use of such facilities.
E. Animals and birds. No person shall keep, permit or maintain
any animal, including a bird, under his control which frequently or for continued
duration makes sounds which create unreasonable noise across a real property
boundary.
F. Loading and unloading.
(1) No person shall engage in, cause or permit the loading,
unloading, opening, closing or other handling of boxes, crates, containers,
building materials, garbage cans or similar objects between the hours of 9:00
p.m. and 7:00 a.m. the following day in such a manner as to cause unreasonable
noise across a residential real property boundary or noise-sensitive zone.
(2) The foregoing subsection
F(1) shall not apply to the operation of any business which, prior to the enactment of this chapter, shall have specifically been granted, in writing by the Mayor and Town Council, the Planning Board or Board of Adjustment, the right to conduct the activities described in Subsection
F(1) during other hours than those set forth in that subsection, or which, after the enactment of this chapter, shall obtain a permit in accordance with §
101-4 hereof. In such case, the hours set forth in writing by that body shall apply.
G. Horns and signaling devices. No person shall cause or
permit to be caused the sounding of any horn or other auditory signaling device
on or in any motor vehicle except to serve as a danger warning.
H. Powered model toys. No persons shall operate a powered
model airplane, model motorboat or model automobile so as to create an unreasonable
noise across a real property line.
I. Motorboats. No person shall operate or permit to be operated
any engine-powered motorboat in any pond, river, stream or other waterway
at any time.
J. Standing motor vehicles.
(1) No person shall operate or permit to be operated the
engine of any motor vehicle with a gross vehicle weight rating (GVWR) in excess
of 10,000 pounds, or any auxiliary equipment attached to such vehicle, for
a period longer than 20 minutes in any hour while the vehicle is stationary,
for reasons other than traffic congestion, on a public right-of-way or public
space so that the sound therefrom is audible across a residential real property
boundary or noise-sensitive zone between the hours of 9:00 p.m. and 7:00 a.m.
the following day.
(2) This subsection shall not apply to authorized emergency
vehicles or to public utility vehicles actually engaged in any emergency repair
activity.
K. Vehicle or motorboat repairs and testing. No person shall
cause or permit the repairing, rebuilding, modifying or testing of any motor
vehicle, motorcycle, snowmobile or motorboat in such a manner as to cause
unreasonable noise across a residential real property boundary or within a
noise-sensitive zone.
L. Exhaust muffler devices. No person shall operate or cause
to be operated any motor vehicle, motorcycle, snowmobile, motor scooter, minibike
or moped not equipped with a muffler in good order and in constant operation.
M. Construction.
(1) No person shall operate or permit to be operated any
tools or equipment used in construction, drilling or demolition work between
the hours of 8:00 p.m. and 7: 00 a.m. the following day on weekdays or at
any time on Sundays or legal holidays, such that the sound therefrom creates
unreasonable noise across a residential real property boundary or in a nonsensitive
area.
(2) The provisions of this subsection shall not apply to
emergency work.
N. Industrial operation. No person shall operate or permit to be operated on a sound-source site any industrial operation that produces a sound level exceeding the limitations as provided in §
88-56E(1) of Chapter
88, Land Use.
Any person who violates any of the provisions of this chapter shall,
upon conviction, be punished by a fine not to exceed $500 or by imprisonment
for a term not to exceed 90 days, or both. Each day of violation of any provision
of this chapter shall constitute a separate offense.