[HISTORY: Adopted by the Town Council of the Town of Georgetown 8-25-1993 by Ord. No.
346; amended in its entirety 2-11-2009 by Ord. No. 2009-1. Subsequent amendments noted where applicable.]
A.
The making of excessive sound is a serious hazard to the public health,
welfare, safety and the quality of life, and the people have a right
to and should be ensured an environment free from excessive sound.
It is, therefore, the policy of the Town of Georgetown to prevent
excessive sound of any type that may endanger the health, welfare
or safety of the citizens, the businesses and the tourists, or may
jeopardize the value of property and erode the integrity of the environment
of the Town.
B.
It shall be unlawful for any person to make, continue to make, permit
or cause to be made or continued any loud, excessive, unnecessary
or unusually loud noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of reasonable persons of normal sensitivities. Furthermore, it shall
be unlawful for any person who has custody and control of the premises
to allow or permit another person to make, continue or permit to be
made or continued any loud, excessive, unnecessary or unusually loud
noise or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of reasonable persons
of normal sensitivities within the limits of the Town.
C.
For the purpose of this chapter, the following persons shall be presumed
to be in custody and control:
As used in this chapter, the following terms shall have the
meanings indicated:
The all-encompassing background noise associated with a given
environment without the sound contribution of the specific source
in question.
Denotes a noise whose intensity remains essentially constant
during the period of observation.
Denotes the local time of day between the hours of 8:00 a.m.
and 10:00 p.m. year round.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding immediate action.
Any work performed for the purpose of preventing or alleviating
physical trauma or property damage, whether actually caused or threatened
by an emergency, or work by private or public utilities when restoring
utility service.
Includes the day before a holiday and Memorial Day, Labor
Day, Independence Day, Return Day.
Denotes noise characterized by brief excursions, usually
less than one second, of sound. (i.e., firecrackers, gunshots).
Shall denote any vehicle, self-propelled or not, which is
capable of emitting noise.
Denotes those times of day excluded from the definition of
"daytime."
Denotes the intensity, frequency, duration and character
of sounds from a single source or number of sources. "Noise" includes
vibrations of audible and subaudible frequency, including but not
limited to the bass sound from amplified music, without limitations.
Any sound which:
Any area used for the operation of a school, nursing home,
church, court, public library, or any area designated by the Town
Council as a noise-sensitive area.
Any individual, firm, association, partnership, joint venture,
corporation or similar entity.
Any street, avenue, boulevard, highway, sidewalk, alley,
or similar place normally accessible to the public which is owned
or controlled by a government entity.
Any real property or structures on real property owned by
a government entity and normally accessible to the public, including
but not limited to parks and other recreational areas.
Any real property which contains a structure or building
in which one or more persons reside, provided that the structure or
building is properly zoned, or is legally nonconforming, for residential
use in accordance with the terms and maps of the Town of Georgetown.
Any auditory effect that is distinctive or characteristic
of its source. "Sound," as used in this chapter, shall encompass the
definition of "noise" herein.
Denotes any equipment or activity associated with permitted
land uses which is capable of generating noise.
The Town Manager for the Town of Georgetown or his/her designee.
A.
No person shall make, continue to cause to be made or continued:
(1)
Any unreasonably loud or raucous noise; or
(2)
Any noise which unreasonably disturbs, injures, or endangers the
comfort, repose, health, peace, or safety of reasonable persons of
ordinary sensitivity within the jurisdictional limits of the Town
of Georgetown.
(3)
Any noise which is so harsh, prolonged, unnatural, or unusual in
time or place as to occasion unreasonable discomfort to any persons
within the neighborhood from which said noises emanate, or as to unreasonably
interfere with the peace and comfort of neighbors or their guests,
or operators or customers in places of business, or as to detrimentally
or adversely affect such residences or places of business.
B.
Factors for determining whether a sound is unreasonably loud and
raucous include, but are not limited to, the following:
(1)
The proximity of the sound to sleeping facilities, whether residential
or commercial.
(2)
The land use, nature, and zoning of the area from which the sound
emanates and the area where it is received or perceived.
(3)
The time of day or night the sound occurs.
(4)
The duration of the sound.
(5)
Whether the sound is recurrent, intermittent, or constant.
The following acts are declared to be per se violations of this
chapter. This enumeration does not constitute an exclusive list:
A.
Unreasonable noises: the unreasonable making of, or knowingly and
unreasonably permitting to be made, any unreasonably loud, boisterous
or unusual noise, disturbance, commotion or vibration in any boarding
facility, dwelling, place of business or other structure, or upon
any public street, park, or other place or building. The ordinary
and usual sounds, noises, commotion or vibration incidental to the
operation of these places when conducted in accordance with the usual
standards of practice and in a manner which will not unreasonably
disturb the peace and comfort of adjacent residences or which will
not detrimentally affect the operators of adjacent places of business
are exempted from this provision.
B.
Vehicle horns, signaling devices and similar devices: the sounding
of any horn, signaling device or other similar device on any automobile,
motorcycle, or other vehicle on any right-of-way or in any public
space of the Town of Georgetown for more than 10 consecutive seconds.
The sounding of any horn, signaling device, or other similar device
as a danger warning is exempt from this prohibition.
C.
Nonemergency signaling devices: sounding or permitting the sounding
any amplified signal from any bell, chime, siren, whistle or similar
device, intended primarily for nonemergency purposes, from any place
for more than 10 consecutive seconds in an hourly period. The reasonable
sounding of such devices by houses of religious worship, ice cream
trucks, seasonable contribution solicitors, or by the local government
for traffic control purposes are exempt from this provision.
D.
Emergency signaling devices: the intentional sounding or permitting the sounding outdoors of any emergency signaling device, including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in Subsections D(1) and (2) below.
(1)
Testing of an emergency signaling device shall occur between 7:00
a.m. and 7:00 p.m. Any such testing shall use only the minimum cycle
test time. In no case shall such test time exceed five minutes. Testing
of the emergency signaling system shall not occur more than once in
each calendar month.
(2)
Sounding or permitting the sounding of any exterior burglar or fire
alarm or any motor vehicle burglar alarm shall terminate within 15
minutes of activation unless an emergency exists. If a false or accidental
activation of an alarm occurs more than twice in a calendar month,
the owner or person responsible for the alarm shall be in violation
of this chapter.
E.
Radios, televisions, boom boxes, phonographs, stereos, musical instruments
and similar devices: the use or operation of a radio, television,
boom box, stereo, musical instrument, or similar device that produces
or reproduces sound in a manner that is plainly audible to any person
other than the player(s) or operator(s) of the device and those who
are voluntarily listening to the sound and which unreasonably disturbs
the peace, quiet and comfort of neighbors and passersby or is plainly
audible at a distance of 50 feet from any person in a commercial,
industrial area, or public space. The use or operation of a radio,
television, boom box, stereo, musical instrument or similar device
that produces or reproduces sound in a manner that is plainly audible
to any person(s) other than the player(s) or operator(s) of the device
and those who are voluntarily listening to the sound and unreasonably
disturbs the peace, quiet, and comfort of neighbors in residential
or noise-sensitive areas, including multifamily or single-family dwellings.
F.
Loudspeakers, amplifiers, public address systems, and similar devices:
(1)
The unreasonably loud and raucous use or operation of a loudspeaker,
amplifier, public address system, or other device for producing or
reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on
weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays in
the following areas:
(2)
This shall not apply to any public performance, gathering, or parade
for which a permit or permission has been obtained from the Town of
Georgetown.
G.
Yelling, shouting and similar activities: yelling, shouting, hooting,
whistling or signaling in residential or noise-sensitive areas or
in public places, between the hours of 10:00 p.m. and 7:00 a.m., or
at any time or place so as to unreasonably disturb the quiet, comfort,
or repose of reasonable persons of ordinary sensitivities.
H.
Animals and birds: unreasonably loud and raucous noise emitted by
an animal or bird for which a person is responsible. A person is responsible
for an animal if the person owns, controls or otherwise cares for
the animal or bird. Sounds made by animals or birds in animal shelters,
kennels, veterinary hospitals, pet shops or pet kennels, properly
zoned for such use are exempt from this subsection.
I.
Loading or unloading merchandise, materials or equipment: the creation
of unreasonably loud, raucous and excessive noise in connection with
the loading or unloading of any vehicle at a place of business or
residence.
J.
Construction or repair of buildings, excavation of streets and highways:
the construction, demolition, alteration, or repair of any building
or the excavation of streets and highways other than between the hours
of 7:00 a.m. and 7:00 p.m. on weekdays. In cases of emergency, construction
or repair noises are exempt from this subsection. In nonemergency
situations the Town Manager may cause to be issued a permit, upon
application, if the Town Manager determines that the public health
and safety, as affected by loud and raucous noise caused by construction
or repair of buildings or excavation of streets and highways between
the hours of 7:00 p.m. and 7:00 a.m. will not be impaired, and if
the Town Manager further determines that loss or inconvenience would
result to a party in interest. The permit shall grant permission in
nonemergency cases for a period of not more than three days or less.
K.
Noise sensitive areas: the creation of any unreasonably loud and
raucous noise adjacent to any noise-sensitive area while it is in
use, which unreasonably interferes with the workings of the institution
or which disturbs the persons in these institutions.
L.
Motor vehicles, motors, blowers and similar devices: in residential
or noise-sensitive areas, between the hours of 7:00 p.m. and 7:00
a.m., the operation of any noise-creating motor vehicle, motors, blower,
power fan, or any internal combustion engine, the operation of which
causes noise due to the explosion of operating gases or fluids, provided
that the noise is unreasonably loud and raucous.
M.
Commercial establishments adjacent to residential property: unreasonably
loud and raucous noise from the premises of any commercial establishment,
including any outdoor area which is part of or under the control of
the establishment, between the hours of 10:00 p.m. and 7:00 a.m. which
is plainly audible at a distance of five feet from any residential
property.
Sounds caused by the following are exempt from the prohibitions set out in § 144-4 and are in addition to the exemptions specifically set forth in § 144-4:
B.
Repairs of utility structures which pose a clear and immediate danger
to life or health or significant loss of property.
C.
Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in cases of fire, collision, civil defense, police activity or imminent danger, provided that the prohibition contained in § 144-4D continues to apply.
D.
The emission of sound for the purpose of alerting persons to the
existence of an emergency or the emission of sound in the performance
of emergency work.
E.
Repairs or excavations of bridges, streets or highways by or on behalf
of the Town of Georgetown, the state or federal government, between
the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience
renders it impractical to perform the work between 7:00 a.m. and 7:00
p.m.
F.
Outdoor school and playground activities: reasonable activities conducted
on public playgrounds and public or private school grounds, which
are conducted in accordance with the manner in which such spaces are
generally used, including but not limited to, school athletic and
school entertainment events.
G.
Other outdoor events: outdoor gatherings, parades, public dances,
shows, and sporting events, and other similar outdoor events, provided
that a permit or permission has been obtained from the appropriate
permitting authority.
A.
The following individuals shall enforce this chapter. The Town Manager
or Chief of Police will have primary responsibility for the enforcement
of the noise regulations contained herein. Nothing in this chapter
shall prevent the Town Manager or Chief of Police from obtaining voluntary
compliance by way of warning, notice or education.
B.
If a person's conduct would otherwise violate this chapter and
consists of speech or communication, of a gathering with others to
hear or observe speech or communication, or of a gathering with others
to picket or otherwise express in a nonviolent manner a position on
social, economic, political or religious questions, the person must
be ordered to, and have the opportunity to, move, disperse, or otherwise
remedy the violation prior to arrest or a citation being issued.
[Amended 9-25-2019 by Ord. No. 2019-05]
A determination of invalidity or unconstitutionality by a court
of competent jurisdiction of any clause, sentence, paragraph, section
or part of this chapter shall not affect the validity of the remaining
parts to this chapter.
