[HISTORY: Adopted by the Mayor and Council of the Town of Clinton
7-14-1981 by Ord. No. 81-7. Amendments noted where applicable.]
A.
All terminology defined herein which relates to the nature
of sound is in conformance with the terminology of the American National Standards
Institute or its successor body.
B.
EMERGENCY
SOUND REPRODUCTION DEVICE
UNREASONABLE NOISE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
As used in this chapter, the following terms shall have
the meanings indicated:
Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
Any device that is designed to be used or is actually used for the
production or reproduction of sound, including but not limited to any musical
instrument, radio, television, tape recorder, cassette player, phonograph,
loudspeaker, public-address system or any other sound-amplifying device.
Any excessive or unusually loud sound or any sound which annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety
of a reasonable person of normal sensitivities or which causes or has the
potential to cause injury to animal life or damage to property or business.
Standards to be considered in determining whether "unreasonable noise" exists
in a given situation include but are not limited to the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is usual or unusual.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The nature and the zoning district of the areas within which the noise
emanates.
The time of the day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
Whether such noise would disturb the peace and/or be considered a common-law
nuisance.
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]
(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.[2]
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.
A.
The emission of sound for the purpose of alerting persons
to the existence of an emergency.
B.
The emission of sound in the performance of emergency
work.
C.
The use of bells or chimes by houses of worship engaged
in religious activities.
D.
Activities of the town departments in performance of
their duties, drills or public demonstrations.
E.
Activities in public grounds under authority of town
officials.
F.
The playing by a band or orchestra in a hall or building
or in the open air when duly authorized by town officials.
A.
Any person wishing to conduct activities which may result
in the creation of noise which may be in violation of the provisions of this
chapter may make application to the Mayor and Town Council for a permit to
conduct such activity in accordance with this section.
B.
In determining whether such a permit shall be issued,
the Mayor and Town Council shall take into account the following factors:
(1)
The character of the neighborhood in which the activity
is to be conducted and its zoning.
(2)
The time of day said activities are to be conducted.
(3)
The type of activities or conduct which will create the
contemplated noise.
(4)
If the noise will result from the activities of a business,
whether that noise is an expected and usual noise made by the conducting of
that business.
(5)
The nature, intensity and duration of the contemplated
noise and whether it will be annoying, irritating or frustrating to persons
who would reasonably be expected to hear it.
(6)
Whether the contemplated noise would violate a particular
section of this chapter.
(7)
Such other factors as may rightly be expected to be taken
into account in reviewing such applications.
C.
The applicant for a permit in accordance with this section
shall submit to the Mayor and Town Council an application which shall contain
a detailed description of the activity which creates or causes the contemplated
noise and the reasons why said permit should be granted.
D.
The Mayor and Town Council shall thereafter hold a public
hearing on the matter, and the applicant, at least 10 days in advance of said
hearing, shall notify by certified mail all property owners within 200 feet
of the property on which said noisemaking activity shall be conducted of the
time, place and date of the hearing, and the applicant shall also serve therewith
upon each such property owner a copy of the application.
E.
Any permit granted hereunder shall be for one year and may be renewed thereafter from year to year upon payment of the appropriate fee. Upon application for renewal of the permit, no public hearing shall be necessary unless requested by a person aggrieved by the applicant's noisemaking activity. In such case the Mayor and Town Council shall hold a hearing to determine whether the permit should be renewed. In determining whether to renew said permit, the Mayor and Town Council shall apply the standards set forth in Subsection B hereof and shall also take into account the fact that the applicant has previously been granted a permit.
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.
